2023 Senate Bill 97 / Public Act 27

Use tax: exemptions; industrial processing exemption; clarify.

An act to amend 1937 PA 94, entitled “An act to provide for the levy, assessment, and collection of a specific excise tax on the storage, use, or consumption in this state of tangible personal property and certain services; to appropriate the proceeds of that tax; to prescribe penalties; and to make appropriations,” by amending section 4o (MCL 205.94o), as amended by 2015 PA 204.

Mackinac Center Analysis

Includes some road construction material under existing industrial processing exemptions from sales and use tax. Also exempts outstanding balances for sales and use taxes owed on the sale of these materials.

Introduced in the Senate

March 1, 2023

Introduced by Sen. Joseph Bellino (R-16)

Referred to the Committee on Finance, Insurance, and Consumer Protection

April 19, 2023

Discharged from committee

Referred to the Committee of the Whole

April 20, 2023

Reported with substitute S-2

1. Amend page 9, following line 13, by inserting:

“Enacting section 1. This amendatory act does not take effect unless House Bill No. 4055 of the 102nd Legislature is enacted into law.”

Substitute S-2 concurred in by voice vote

Passed in the Senate 33 to 4 (details)

Received in the House

April 25, 2023

Referred to the Committee on Tax Policy

April 26, 2023

Discharged from committee

Amendment offered by Rep. Greg VanWoerkom (R-88)

1. Amend page 7, line 19, by striking out all of subsection (8) and renumbering the remaining subsection.

2. Amend page 9, line 15, after “No.” by striking out “4055” and inserting “4054”.

3. Amend page 9, following line 16, by inserting:

“Enacting section 2. It is the intent of the legislature to annually appropriate sufficient funds from the state general fund to the state school aid fund created in section 11 of article IX of the state constitution of 1963 to fully compensate for any loss of revenue to the state school aid fund resulting from the enactment of this amendatory act.”.

The amendment passed by voice vote

Passed in the House 86 to 22 (details)

Motion to give immediate effect by Rep. Abraham Aiyash (D-9)

The motion prevailed by voice vote

Received in the Senate

April 27, 2023

Amendment concurred in 32 to 5 (details)

Motion to give immediate effect by Sen. Sam Singh (D-28)

The motion prevailed by voice vote

Signed by Gov. Gretchen Whitmer

May 8, 2023