2003 House Bill 4219 / Public Act 27

Introduced in the House

Feb. 13, 2003

Introduced by Rep. Gary Woronchak (R-15)

To make explicit a presumption in the use tax law that personal property is exempt from the tax if it is brought into the state more than 90 days after purchase, and was not acquired for storage, use, or consumption in Michigan. A recent Appeals Court ruling had the effect of placing the burden of proof on a taxpayer that the older property was not acquired for use in Michigan. The bill would place the burden back on the Department of Treasury.

Referred to the Committee on Tax Policy

March 20, 2003

Reported without amendment

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

April 1, 2003

Substitute offered

To replace the previous version of the bill with one containing technical changes that do not affect its substance as previously described.

The substitute passed by voice vote

Amendment offered by Rep. Gary Woronchak (R-15)

To establish that the bill is not retroactive in its effect.

The amendment passed by voice vote

Amendment offered by Rep. Jack Minore (D-49)

To prohibit the provisions of the bill from going into effect unless state budget experts determine that without them the state will take in sufficient tax revenue to match proposed spending; and to require that if sufficient revenue is expected, a specific appropriation be made for the amount of additional taxes which would not be collected because of the provisions of the bill.

The amendment failed 52 to 48 (details)

Amendment offered by Rep. Paul Condino (D-35)

To limit the scope of the bill to non-business property. Business owners would still be required to prove that older personal property moved into the state is not subject to use tax.

The amendment failed 44 to 62 (details)

Passed in the House 62 to 43 (details)

Received in the Senate

April 2, 2003

Referred to the Committee on Finance

May 13, 2003

Reported without amendment

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

June 3, 2003

Substitute offered

To replace the previous version of the bill with one which adds a provision related to the amount of use tax levied against aircraft brought into the state. The tax would be based on the aircraft's retail value at the time it became taxable in the state.

The substitute passed by voice vote

June 4, 2003

Passed in the Senate 33 to 5 (details)

To make explicit a presumption in the use tax law that personal property is exempt from the tax if it is brought into the state more than 90 days after purchase, and was not acquired for storage, use, or consumption in Michigan. A recent Appeals Court ruling had the effect of placing the burden of proof on a taxpayer that the older property was not acquired for use in Michigan. The bill would place the burden back on the Department of Treasury.

Received in the House

June 4, 2003

June 10, 2003

Passed in the House 110 to 0 (details)

To concur with the Senate-passed version of the bill.

Signed by Gov. Jennifer Granholm

June 26, 2003