SENATE BILL NO. 324 February 18, 1999, Introduced by Senators JAYE and SHUGARS and referred to the Committee on Appropriations. A bill to amend 1971 PA 140, entitled "Glenn Steil state revenue sharing act of 1971," by amending sections 11 and 13 (MCL 141.911 and 141.913), as amended by 1998 PA 532. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 11. (1) For state fiscal years before the 1996-1997 2 state fiscal year, the department of management and budget shall 3 cause to be paid during each August, November, February, and May, 4 to counties on a per capita basis the collections from the state 5 income tax as certified by the department of treasury for the 6 quarter periods ending the prior June 30, September 30, December 7 31, and March 31 that are available for distribution to and 8 retention by counties. 9 (2) For state fiscal years beginning after September 30, 10 1992 and ending before October 1, 1996, the collections from the 01531'99 FDD 2 1 state income tax otherwise available for distribution to counties 2 in November for the quarter period ending the prior September 30 3 shall be increased by $35,900,000.00 and the collections from the 4 state income tax otherwise available for distribution to counties 5 in August for the quarter period ending the prior June 30 shall 6 be decreased by $35,900,000.00. 7 (3) For the 1996-1997 and 1997-1998 state fiscal years, the 8 department of treasury shall cause to be paid to counties on a 9 per capita basis an amount equal to 24.5% of the difference 10 between 21.3% of the sales tax collections at a rate of 4% in the 11 12-month period ending June 30 of the state fiscal year in which 12 the payments are made and the total distribution for the state 13 fiscal year under section 12a. Subject to section 13d, for the 14 1998-1999 through 2005-2006 state fiscal years and for the period 15 of October 1, 2006 through June 30, 2007, the department of trea- 16 sury shall cause to be paid to counties both of the following: 17 (a) An amount equal to the amount the county was eligible to 18 receive under section 12a in the 1997-1998 state fiscal year. 19 (b) An amount equal to 25.06% of 21.3% of the sales tax col- 20 lections at a rate of 4% in the 12-month period ending June 30 of 21 the state fiscal year in which the payments are made minus the 22 amount determined under subdivision (a) which shall be distrib- 23 uted on a per capita basis. If the amount appropriated under 24 this section to counties is less than 25.06% of 21.3% of the 25 sales tax rate of 4%, any reduction made necessary by this appro- 26 priation in distributions to counties shall first be applied to 27 the distribution under this subdivision. 01531'99 3 1(4) After June 30, 2007, 25.06% of 21.3% of the sales tax2collections at a rate of 4% shall be distributed to counties as3provided by law.4 (4)(5)The payments under subsection (3) shall be made 5 from revenues collected during the state fiscal year in which the 6 payments are made and shall be made during each October, 7 December, February, April, June, and August. Payments shall be 8 based on collections from the sales tax at a rate of 4% in the 9 2-month period ending the prior August 31, October 31, December 10 31, February 28, April 30, and June 30, and for the 1996-1997 and 11 1997-1998 state fiscal years only the payments shall be reduced 12 by 1/6 of the total distribution for the state fiscal year under 13 section 12a. For state fiscal years after the 1995-1996 state 14 fiscal year, the collections from the sales tax otherwise avail- 15 able for distribution to counties under subsection (3) in 16 December shall be increased by $17,000,000.00 and the collections 17 from the sales tax otherwise available for distribution to coun- 18 ties under subsection (3) in April shall be decreased by 19 $17,000,000.00. 20 Sec. 13. (1) This subsection and subsection (2) apply to 21 distributions to cities, villages, and townships during the state 22 fiscal years before the 1996-1997 state fiscal year of collec- 23 tions from the state income tax and single business tax. Except 24 as otherwise provided in subsection (2), the department of trea- 25 sury shall cause to be paid to each city, village, and township 26 its share, computed in accordance with the tax effort formula, of 27 the following revenues: 01531'99 4 1 (a) During each August, November, February, and May, the 2 collections from the state income tax for the quarter periods 3 ending the prior June 30, September 30, December 31, and March 31 4 that are available for distribution to cities, villages, and 5 townships under the income tax act of 1967, 1967 PA 281, MCL 6 206.1 to 206.532. 7 (b) The amount of the collections from the single business 8 tax available for distribution to cities, villages, and townships 9 under former section 136 of the single business tax act, 1975 PA 10 228. 11 (2) The amount of collections of the state income tax other- 12 wise available for distribution to cities, villages, and town- 13 ships in November, February, and May, computed in accordance with 14 the tax effort formula, shall be increased by $22,600,000.00. 15 The amount of collections otherwise available for distribution to 16 cities, villages, and townships in August, computed in accordance 17 with the tax effort formula, shall be decreased by 18 $67,800,000.00. 19 (3) This subsection applies to distributions to cities, vil- 20 lages, and townships for the 1996-1997 state fiscal year. The 21 department shall cause to be paid in accordance with the tax 22 effort formula an amount equal to 75.5% of the difference between 23 21.3% of the sales tax collections at a rate of 4% in the 24 12-month period ending June 30 of the state fiscal year in which 25 the payments are made and the total distribution for the state 26 fiscal year under section 12a. 01531'99 5 1 (4) The department of treasury shall cause to be paid during 2 the 1997-1998 state fiscal year an amount equal to 75.5% of the 3 difference between 21.3% of the sales tax collections at a rate 4 of 4% in the 12-month period ending June 30 of the state fiscal 5 year in which the payments are made and the total distribution 6 for the state fiscal year under section 12a, both of the 7 following: 8 (a) To each city, village, and township, the amount of col- 9 lections distributed under subsection (3) to cities, villages, 10 and townships for the 1996-1997 state fiscal year or its pro rata 11 share of the collections if the collections are less than the 12 amount of collections distributed under subsection (3) for the 13 1996-1997 state fiscal year. A city's, village's, or township's 14 share of revenues under this subdivision shall be computed using 15 the tax effort formula. 16 (b) To each city, village, and township its share of the 17 collections to the extent the total collections available for 18 distribution under this subsection exceed the amount distributed 19 to cities, villages, and townships under subdivision (a) for the 20 fiscal year. A city's, village's, or township's share of reve- 21 nues under this subdivision shall be computed on a per capita 22 basis. 23 (5) Subject to section 13d, for the 1998-1999 through 24 2005-2006 state fiscal years and for the period of October 1, 25 2006 through June 30, 2007, the department of treasury shall 26 causedistributions determined under subsections (6) to (13)to 27 be paid ON A PER CAPITA BASIS to each city, village, and township 01531'99 6 1froman amount equal to 74.94% of 21.3% of the sales tax 2 collections at a rate of 4% in the 12-month period ending June 30 3 of the state fiscal year in which the payments are made.After4June 30, 2007, 74.94% of 21.3% of sales tax collections at a rate5of 4% shall be distributed to cities, villages, and townships as6provided by law.7(6) Subject to section 13d, for the 1998-1999 through82005-2006 state fiscal years and for the period of October 1,92006 through June 30, 2007 and except as provided in subsection10(15), the department of treasury shall cause to be paid11$333,900,000.00 to a city with a population of 750,000 or more as12the total combined distribution under this act and section 10 of13article IX of the state constitution of 1963 as annualized for14any period of less than 12 months to that city.15(7) Distributions under subsections (8) to (13) to cities,16villages, and townships with populations of less than 750,00017shall be made from the amount available for distribution under18this section that remains after the distribution under subsection19(6) is made.20(8) Subject to section 13d, for the 1998-1999 through212005-2006 state fiscal years and for the period of October 1,222006 through June 30, 2007, for cities, villages, and townships23with populations of less than 750,000, subject to the limitations24under this section, a taxable value payment shall be made to each25city, village, and township determined as follows:26(a) Determine the per capita taxable value for each city,27village, and township by dividing the taxable value of that city,01531'99 7 1village, or township by the population of that city, village, or2township.3(b) Determine the statewide per capita taxable value by4dividing the total taxable value of all cities, villages, and5townships by the total population of all cities, villages, and6townships.7(c) Determine the per capita taxable value ratio for each8city, village, and township by dividing the statewide per capita9taxable value by the per capita taxable value for that city, vil-10lage, or township.11(d) Determine the adjusted taxable value population for each12city, village, and township by multiplying the per capita taxable13value ratio as determined under subdivision (c) for that city,14village, or township by the population of that city, village, or15township.16(e) Determine the total statewide adjusted taxable value17population which is the sum of all adjusted taxable value popula-18tion for all cities, villages, and townships.19(f) Determine the taxable value payment rate by dividing2074.94% of 21.3% of the sales tax collections at a rate of 4% in21the 12-month period ending June 30 of the state fiscal year in22which the payments under this subsection are made by 3, and23dividing that result by the total statewide adjusted taxable24value population as determined under subdivision (e).25(g) Determine the taxable value payment for each city, vil-26lage, and township by multiplying the result under01531'99 8 1subdivision (f) by the adjusted taxable value population for that2city, village, or township.3(9) Subject to section 13d, for the 1998-1999 through42005-2006 state fiscal years and for the period of October 1,52006 through June 30, 2007, subject to the limitations under this6section and except as provided in subsection (14), a unit type7population payment shall be made to each city, village, and town-8ship with a population of less than 750,000 determined as9follows:10(a) Determine the unit type population weight factor for11each city, village, and township as follows:12(i) For a township with a population of 5,000 or less, the13unit type population weight factor is 1.0.14(ii) For a township with a population of more than 5,000 but15less than 10,001, the unit type population weight factor is 1.2.16(iii) For a township with a population of more than 10,00017but less than 20,001, the unit type population weight factor is181.44.19(iv) For a township with a population of more than 20,00020but less than 40,001, the unit type population weight factor is211.73.22(v) For a township with a population of more than 40,000 but23less than 80,001, the unit type population weight factor is242.07.25(vi) For a township with a population of more than 80,000,26the unit type population weight factor is 2.49.01531'99 9 1(vii) For a village with a population of 5,000 or less, the2unit type population weight factor is 1.5.3(viii) For a village with a population of more than 5,0004but less than 10,001, the unit type population weight factor is51.8.6(ix) For a village with a population of more than 10,000,7the unit type population weight factor is 2.16.8(x) For a city with a population of 5,000 or less, the unit9type population weight factor is 2.5.10(xi) For a city with a population of more than 5,000 but11less than 10,001, the unit type population weight factor is 3.0.12(xii) For a city with a population of more than 10,000 but13less than 20,001, the unit type population weight factor is 3.6.14(xiii) For a city with a population of more than 20,000 but15less than 40,001, the unit type population weight factor is164.32.17(xiv) For a city with a population of more than 40,000 but18less than 80,001, the unit type population weight factor is195.18.20(xv) For a city with a population of more than 80,000 but21less than 160,001, the unit type population weight factor is226.22.23(xvi) For a city with a population of more than 160,000 but24less than 320,001, the unit type population weight factor is257.46.01531'99 10 1(xvii) For a city with a population of more than 320,000 but2less than 640,001, the unit type population weight factor is38.96.4(xviii) For a city with a population of more than 640,000,5the unit type population weight factor is 10.75.6(b) Determine the adjusted unit type population for each7city, village, and township by multiplying the unit type popula-8tion weight factor for that city, village, or township as deter-9mined under subdivision (a) by the population of the city, vil-10lage, or township.11(c) Determine the total statewide adjusted unit type popula-12tion, which is the sum of the adjusted unit type population for13all cities, villages, and townships.14(d) Determine the unit type population payment rate by15dividing 74.94% of 21.3% of the sales tax collections at a rate16of 4% in the 12-month period ending June 30 of the state fiscal17year in which the payments under this subsection are made by 3,18and then dividing that result by the total statewide adjusted19unit type population as determined under subdivision (c).20(e) Determine the unit type population payment for each21city, village, and township by multiplying the result under sub-22division (d) by the adjusted unit type population for that city,23village, or township.24(10) Subject to section 13d, for the 1998-1999 through252005-2006 state fiscal years and for the period of October 1,262006 through June 30, 2007, subject to the limitations under this27section, a yield equalization payment shall be made to each city,01531'99 11 1village, and township with a population of less than 750,0002sufficient to provide the guaranteed tax base for a local tax3effort not to exceed 0.02. The payment shall be determined as4follows:5(a) The guaranteed tax base is the maximum combined state6and local per capita taxable value that can be guaranteed in a7state fiscal year to each city, village, and township for a local8tax effort not to exceed 0.02 if an amount equal to 74.94% of921.3% of the state sales tax at a rate of 4% is distributed to10cities, villages, and townships whose per capita taxable value is11below the guaranteed tax base.12(b) The full yield equalization payment to each city, vil-13lage, and township is the product of the amounts determined under14subparagraphs (i) and (ii):15(i) An amount greater than zero that is equal to the differ-16ence between the guaranteed tax base determined in17subdivision (a) and the per capita taxable value of the city,18village, or township.19(ii) The local tax effort of the city, village, or township,20not to exceed 0.02, multiplied by the population of that city,21village, or township.22(c) The yield equalization payment is the full yield equali-23zation payment divided by 3.24(11) For state fiscal years after the 1997-1998 state fiscal25year, distributions under this section for cities, villages, and26townships with populations of less than 750,000 shall be27determined as follows:01531'99 12 1(a) For the 1998-1999 state fiscal year, the payment under2this section for each city, village, and township shall be the3sum of the following:4(i) Ninety percent of the total amount available for distri-5bution under subsections (8), (9), and (10) for the 1998-19996state fiscal year multiplied by the city's, village's, or7township's percentage share of the distributions under this sec-8tion and section 12a minus the amount of a distribution under9this section and section 12a to a city that is eligible to10receive a distribution under subsection (6) in the 1997-199811state fiscal year.12(ii) Ten percent of the total amount available for distribu-13tion under subsections (8), (9), and (10) for the 1998-1999 state14fiscal year multiplied by the percentage share of the distribu-15tion amounts calculated under subsections (8), (9), and (10).16(b) For the 1999-2000 state fiscal year, the payment under17this section for each city, village, and township shall be the18sum of the following:19(i) Eighty percent of the total amount available for distri-20bution under subsections (8), (9), and (10) for the 1999-200021state fiscal year multiplied by the city's, village's, or22township's percentage share of the distributions under this sec-23tion and section 12a minus the amount of a distribution under24this section and section 12a to a city that is eligible to25receive a distribution under subsection (6) in the 1997-199826state fiscal year.01531'99 13 1(ii) Twenty percent of the total amount available for2distribution under subsections (8), (9), and (10) for the31999-2000 state fiscal year multiplied by the city's, village's,4or township's percentage share of the distribution amounts calcu-5lated under subsections (8), (9), and (10).6(c) For the 2000-2001 state fiscal year, the payment under7this section for each city, village, and township shall be the8sum of the following:9(i) Seventy percent of the total amount available for dis-10tribution under subsections (8), (9), and (10) for the 2000-200111state fiscal year multiplied by the city's, village's, or12township's percentage share of the distributions under this sec-13tion and section 12a minus the amount of a distribution under14this section and section 12a to a city that is eligible to15receive a distribution under subsection (6) in the 1997-199816state fiscal year.17(ii) Thirty percent of the total amount available for dis-18tribution under subsections (8), (9), and (10) for the 2000-200119state fiscal year multiplied by the percentage share of the dis-20tribution amounts calculated under subsections (8), (9), and21(10).22(d) For the 2001-2002 state fiscal year, the payment under23this section for each city, village, and township shall be the24sum of the following:25(i) Sixty percent of the total amount available for distri-26bution under subsections (8), (9), and (10) for the 2001-200227state fiscal year multiplied by the city's, village's, or01531'99 14 1township's percentage share of the distributions under this2section and section 12a minus the amount of a distribution under3this section and section 12a to a city that is eligible to4receive a distribution under subsection (6) in the 1997-19985state fiscal year.6(ii) Forty percent of the total amount available for distri-7bution under subsections (8), (9), and (10) for the 2001-20028state fiscal year multiplied by the percentage share of the dis-9tribution amounts calculated under subsections (8), (9), and10(10).11(e) For the 2002-2003 state fiscal year, the payment under12this section for each city, village, and township shall be the13sum of the following:14(i) Fifty percent of the total amount available for distri-15bution under subsections (8), (9), and (10) for the 2002-200316state fiscal year multiplied by the city's, village's, or17township's percentage share of the distributions under this sec-18tion and section 12a minus the amount of a distribution under19this section and section 12a to a city that is eligible to20receive a distribution under subsection (6) in the 1997-199821state fiscal year.22(ii) Fifty percent of the total amount available for distri-23bution under subsections (8), (9), and (10) for the 2002-200324state fiscal year multiplied by the percentage share of the dis-25tribution amounts calculated under subsections (8), (9), and26(10).01531'99 15 1(f) For the 2003-2004 state fiscal year, the payment under2this section for each city, village, and township shall be the3sum of the following:4(i) Forty percent of the total amount available for distri-5bution under subsections (8), (9), and (10) for the 2003-20046state fiscal year multiplied by the city's, village's, or7township's percentage share of the distributions under this sec-8tion and section 12a minus the amount of a distribution under9this section and section 12a to a city that is eligible to10receive a distribution under subsection (6) in the 1997-199811state fiscal year.12(ii) Sixty percent of the total amount available for distri-13bution under subsections (8), (9), and (10) for the 2003-200414state fiscal year multiplied by the percentage share of the dis-15tribution amounts calculated under subsections (8), (9), and16(10).17(g) For the 2004-2005 state fiscal year, the payment under18this section for each city, village, and township shall be the19sum of the following:20(i) Thirty percent of the total amount available for distri-21bution under subsections (8), (9), and (10) for the 2004-200522state fiscal year multiplied by the city's, village's, or23township's percentage share of the distributions under this sec-24tion and section 12a minus the amount of a distribution under25this section and section 12a to a city that is eligible to26receive a distribution under subsection (6) in the 1997-199827state fiscal year.01531'99 16 1(ii) Seventy percent of the total amount available for2distribution under subsections (8), (9), and (10) for the32004-2005 state fiscal year multiplied by the percentage share of4the distribution amounts calculated under subsections (8), (9),5and (10).6(h) For the 2005-2006 state fiscal year, the payment under7this section for each city, village, and township shall be the8sum of the following:9(i) Twenty percent of the total amount available for distri-10bution under subsections (8), (9), and (10) for the 2005-200611state fiscal year multiplied by the city's, village's, or12township's percentage share of the distributions under this sec-13tion and section 12a minus the amount of a distribution under14this section and section 12a to a city that is eligible to15receive a distribution under subsection (6) in the 1997-199816state fiscal year.17(ii) Eighty percent of the total amount available for dis-18tribution under subsections (8), (9), and (10) for the 2005-200619state fiscal year multiplied by the percentage share of the dis-20tribution amounts calculated under subsections (8), (9), and21(10).22(i) For the period of October 1, 2006 through June 30, 2007,23the payment under this section for each city, village, and town-24ship shall be the sum of the following:25(i) Ten percent of the total amount available for distribu-26tion under subsections (8), (9), and (10) for the 2006-2007 state27fiscal year multiplied by the city's, village's, or township's01531'99 17 1percentage share of the distributions under this section and2section 12a minus the amount of a distribution under this section3and section 12a to a city that is eligible to receive a distribu-4tion under subsection (6) in the 1997-1998 state fiscal year.5(ii) Ninety percent of the total amount available for dis-6tribution under subsections (8), (9), and (10) for the 2006-20077state fiscal year multiplied by the percentage share of the dis-8tribution amounts calculated under subsections (8), (9), and9(10).10(12) Except as otherwise provided in this subsection, the11total payment to any city, village, or township under this act12and section 10 of article IX of the state constitution of 196313shall not increase by more than 8% over the amount of the payment14under this act and section 10 of article IX of the state consti-15tution of 1963 in the immediately preceding state fiscal year.16From the amount not distributed because of the limitation imposed17by this subsection, the department shall distribute an amount to18certain cities, villages, and townships such that the percentage19increase in the total payment under this act and section 10 of20article IX of the state constitution of 1963 from the immediately21preceding state fiscal year to each of those cities, villages,22and townships is equal to, but does not exceed, the percentage23increase from the immediately preceding state fiscal year of any24city, village, or township that does not receive a distribution25under this subsection. This subsection does not apply for state26fiscal years after the 2000 federal decennial census becomes27official to a city, village, or township with a 10% or more01531'99 18 1increase in population from the official 1990 federal decennial2census to the official 2000 federal decennial census.3(13) The percentage allocations to distributions under sub-4sections (8) to (10) pursuant to subsection (11) shall be calcu-5lated as if, in any state fiscal year, the amount appropriated6under this section for distribution to cities, villages, and7townships is 74.94% of 21.3% of the sales tax at a rate of 4%.8If the amount appropriated under this section to cities, vil-9lages, and townships is less than 74.94% of 21.3% of the sales10tax at a rate of 4%, any reduction made necessary by this appro-11priation in distributions to cities, villages, and townships12shall first be applied to the distribution under subsections (8)13to (10) and any remaining amount shall be applied to the other14distributions under this section.15(14) A township that provides for or makes available fire,16police on a 24-hour basis either through contracting for or17directly employing personnel, water to 50% or more of its resi-18dents, and sewer services to 50% or more of its residents and has19a population of 10,000 or more or a township that has a popula-20tion of 20,000 or more shall use the unit type population weight21factor under subsection (9)(a) for a city with the same popula-22tion as the township.23(15) For a state fiscal year in which the sales tax collec-24tions decrease from the sales tax collections for the immediately25preceding state fiscal year, the department shall reduce the26amount to be distributed to a city with a population of 750,00027or more under subsection (6) by an amount determined by01531'99 19 1subtracting the amount the city is eligible for under section 102of article IX of the state constitution of 1963 for the state3fiscal year from $333,900,000.00 and multiplying that result by4the same percentage as the percentage decrease in sales tax col-5lections for that state fiscal year as compared to sales tax col-6lections for the immediately preceding state fiscal year.7(16) Notwithstanding any other provision of this section for8the 1998-1999 state fiscal year, the total combined amount9received by each city, village, and township under this section10and section 10 of article IX of the state constitution of 196311shall not be less than the combined amount received under this12section, section 12a, and section 10 of article IX of the state13constitution of 1963 in the 1997-1998 state fiscal year. The14increase, if any, for each city, village, and township from the151997-1998 state fiscal year, other than a city that receives a16distribution under subsection (6), shall be reduced by a uniform17percentage to the extent necessary to fund distributions under18this subsection.19 (6)(17)The payments under subsections (3), (4), and (5) 20 shall be made during each October, December, February, April, 21 June, and August. Payments under subsections (3), (4), and (5) 22 shall be based on collections from the sales tax at the rate of 23 4% in the 2-month period ending the prior August 31, October 31, 24 December 31, February 28, April 30, and June 30, and for the 25 1996-1997 and 1997-1998 state fiscal years only, the payments 26 shall be reduced by 1/6 of the total distribution for the state 27 fiscal year under section 12a. 01531'99 20 1 (7)(18)Payments under this section shall be made from 2 revenues collected during the state fiscal year in which the pay- 3 ments are made. 4 (8)(19)Distributions provided for by this act are 5 subject to an annual appropriation by the legislature. 01531'99 Final page. FDD