SENATE BILL No. 1482

 

 

September 10, 2008, Introduced by Senators CASSIS, GEORGE, GARCIA, McMANUS, JANSEN, GILBERT, VAN WOERKOM, JELINEK, KUIPERS, ALLEN and KAHN and referred to the Committee on Finance.

 

 

 

     A bill to amend 1967 PA 281, entitled

 

"Income tax act of 1967,"

 

by amending section 435 (MCL 206.435), as amended by 2008 PA 162.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 435. (1) Except as otherwise provided under this section,

 

for the 2008 tax year and each tax year after the 2008 tax year, an

 

individual may designate in a manner and form as prescribed by the

 

department pursuant to subsection (2) on his or her annual return

 

that contributions of $5.00, $10.00, or more of his or her refund

 

be credited to any of the following:

 

     (a) For the 2010 tax year and each tax year after the 2010 tax

 

year, the Michigan higher education assistance authority created in

 

section 1 of 1960 PA 77, MCL 390.951, for the children of veterans

 


tuition grant program created in the children of veterans tuition

 

grant act, 2005 PA 248, MCL 390.1341 to 390.1346. No money from the

 

contributions designated to this subdivision shall be used for the

 

purpose of administering this section.

 

     (b) For the 2010 tax year and each tax year after the 2010 tax

 

year, the children's trust fund created in 1982 PA 249, MCL 21.171

 

to 21.172.

 

     (c) The prostate cancer research fund created in the prostate

 

cancer research fund act, 2007 PA 135, MCL 333.26241 to 333.26246.

 

     (d) Amanda's fund for breast cancer prevention and treatment

 

created in the Amanda's fund for breast cancer prevention and

 

treatment act, 2007 PA 134, MCL 333.26231 to 333.26237.

 

     (e) The animal welfare fund created in the animal welfare fund

 

act, 2007 PA 132, MCL 287.991 to 287.997.

 

     (f) The Michigan housing and community development fund

 

created in section 3 of the Michigan housing and community

 

development fund act, 2004 PA 479, MCL 125.2823.

 

     (g) The Michigan law enforcement officers memorial monument

 

fund created in section 3 of the Michigan law enforcement officers

 

memorial act, 2004 PA 177, MCL 28.783.

 

     (h) The state general fund.

 

     (2) The department shall establish and utilize a separate

 

contributions schedule that incorporates each contribution

 

designation authorized under this section that remains in effect

 

and available for each tax year and shall revise the state

 

individual income tax return form to include a separate line for

 

the total contribution designations made under the separate

 


contributions schedule. The contribution designations authorized

 

under sections 437 and 440 shall remain on the first page of the

 

state individual income tax return for the 2008 and 2009 tax years,

 

but shall be incorporated into the contributions schedule for the

 

2010 tax year and shall remain on the schedule until the

 

contribution designation expires by law or is otherwise no longer

 

available as determined by the department pursuant to subsection

 

(3). A contribution designation that is enacted after the effective

 

date of the amendatory act that added this section November 1, 2007

 

shall be incorporated as soon as practical on the contributions

 

schedule, and each new contribution designation shall be listed on

 

the schedule in alphabetical order.

 

     (3) The department may cease to include a contribution

 

designation on the contributions schedule if that contribution

 

designation fails to raise $100,000.00 in any tax year for 2

 

consecutive tax years.

 

     (4) If an individual's refund is not sufficient to make a

 

contribution under this section, the individual may designate a

 

contribution amount and that contribution amount shall be added to

 

the individual's tax liability for the tax year.

 

     (5) Notwithstanding any other allocations or disbursements

 

required by this act, each year that a contribution designation

 

under this section is in effect, an amount equal to the cumulative

 

designation made under this section, less the amount appropriated

 

to the department to implement this section, shall be appropriated

 

from the general fund and distributed to the department responsible

 

for administering the appropriate fund to which the taxpayer

 


designated his or her contribution and shall be used solely for the

 

purposes of that fund.

 

     (6) Money appropriated pursuant to an appropriations act as

 

required by law in accordance with this section to the department

 

responsible for administering each respective fund shall be in

 

addition to any other allocation or appropriation and is intended

 

to enhance appropriations from the general fund and not to replace

 

or supplant those appropriations.