2023 House Bill 4001 / Public Act 4

Individual income tax: retirement or pension benefits; limitations and restrictions on deductions of certain retirement or pension benefits, revenue distributions, earned income tax credit, rebate payments, rebate and revitalization and placemaking funds; revise, increase, and provide for.

An act to amend 1967 PA 281, entitled “An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement by lien and otherwise of taxes on or measured by net income and on certain commercial, business, and financial activities; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal acts and parts of acts,” by amending the title and sections 30, 51, 272, and 695 (MCL 206.30, 206.51, 206.272, and 206.695), the title and section 272 as amended and section 695 as added by 2011 PA 38, section 30 as amended by 2022 PA 5, and section 51 as amended by 2020 PA 75, and by adding sections 51h, 476, and 696.

Mackinac Center Analysis

Phases in exemptions for pension income but not other sources of retirement income; increase a refundable tax credit based on income and dependents; and earmark money from the Corporate Income Tax to selective business subsidy programs.

Introduced in the House

Jan. 12, 2023

Introduced by Rep. Angela Witwer (D-76) and 45 co-sponsors

Co-sponsored by Reps. Joe Tate (D-10), Laurie Pohutsky (D-17), Erin Byrnes (D-15), Jaime Churches (D-27), Jason Morgan (D-23), Tyrone Carter (D-1), Natalie Price (D-5), Kara Hope (D-74), Noah Arbit (D-20), Stephanie Young (D-16), Jennifer Conlin (D-48), Sharon MacDonell (D-56), Denise Mentzer (D-61), Jenn Hill (D-109), Jim Haadsma (D-44), Mike McFall (D-8), Veronica Paiz (D-11), Penelope Tsernoglou (D-75), Carol Glanville (D-84), Jason Hoskins (D-18), Carrie Rheingans (D-47), Matt Koleszar (D-22), Christine Morse (D-40), Reggie Miller (D-31), John Fitzgerald (D-83), Phil Skaggs (D-80), Kelly Breen (D-21), Tullio Liberati (D-2), Felicia Brabec (D-33), Jasper Martus (D-69), Will Snyder (D-87), Kristian Grant (D-82), Samantha Steckloff (D-19), Ranjeev Puri (D-24), Jimmie Wilson (D-32), Julie Rogers (D-41), Karen Whitsett (D-4), Helena Scott (D-7), Amos O’Neal (D-94), Nate Shannon (D-58), Dylan Wegela (D-26), Cynthia Neeley (D-70), Betsy Coffia (D-103), Abraham Aiyash (D-9) and Lori Stone (D-13)

Referred to the Committee on Tax Policy

Jan. 26, 2023

Discharged from committee

Substitute H-1 offered by Rep. Andrew Beeler (R-64)

The substitute failed by voice vote

Substitute H-3 offered by Rep. Robert Bezotte (R-50) and three co-sponsors

Co-sponsored by Reps. Mike Harris (R-52), Brian BeGole (R-71) and Mike Mueller (R-72)

The substitute failed by voice vote

Amendment offered by Rep. Andrew Beeler (R-64)

1. Amend page 21, line 28, after “section,” by inserting “for tax years beginning on and after January 1, 2023,”.

2. Amend page 21, line 29, after “apply” by striking out the balance of the page through “may” on line 25 of page 22 and inserting “the limitations and restrictions in subsection (9) or”.

3. Amend page 22, line 28, by striking out all of subdivision (e).

The amendment failed by voice vote

Passed in the House 67 to 41 (details)

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

The motion prevailed by voice vote

Received in the Senate

Jan. 31, 2023

Referred to the Committee of the Whole

Feb. 1, 2023

Reported with substitute S-2

Substitute S-2 concurred in by voice vote

Passed in the Senate 20 to 18 (details)

Received in the House

Feb. 1, 2023

Amendment offered by Rep. James DeSana (R-29)

1. Amend page 1, line 8, after “(b)” by striking out “Except as otherwise provided under subdivision (c), on” and inserting “On”.

2. Amend page 1, line 9, after “2012” by inserting “and before January 1, 2023”.

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

“(c) Except as otherwise provided under subdivision (d), on and after January 1, 2023, 3.90%.” and relettering the remaining subdivision.

The amendment failed by voice vote

Amendment offered by Rep. Mark Tisdel (R-55)

1. Amend page 1, line 8, after “(b)” by striking out “Except as otherwise provided under subdivision (c), on” and inserting “On”.

2. Amend page 1, line 9, after “2012” by inserting “and before January 1, 2023”.

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

“(c) Except as otherwise provided under subdivision (d), on and after January 1, 2023, 3.91%.” and relettering the remaining subdivision.

The amendment failed by voice vote

Amendment offered by Rep. John Roth (R-104)

1. Amend page 1, line 8, after “(b)” by striking out “Except as otherwise provided under subdivision (c), on” and inserting “On”.

2. Amend page 1, line 9, after “2012” by inserting “and before January 1, 2023”.

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

“(c) Except as otherwise provided under subdivision (d), on and after January 1, 2023, 3.92%.” and relettering the remaining subdivision.

The amendment failed by voice vote

Amendment offered by Rep. Pauline Wendzel (R-39)

1. Amend page 1, line 8, after “(b)” by striking out “Except as otherwise provided under subdivision (c), on” and inserting “On”.

2. Amend page 1, line 9, after “2012” by inserting “and before January 1, 2023”.

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

“(c) Except as otherwise provided under subdivision (d), on and after January 1, 2023, 3.93%.” and relettering the remaining subdivision.

The amendment failed by voice vote

Amendment offered by Rep. Tom Kunse (R-100)

1. Amend page 1, line 8, after “(b)” by striking out “Except as otherwise provided under subdivision (c), on” and inserting “On”.

2. Amend page 1, line 9, after “2012” by inserting “and before January 1, 2023”.

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

“(c) Except as otherwise provided under subdivision (d), on and after January 1, 2023, 3.94%.” and relettering the remaining subdivision.

The amendment failed by voice vote

Amendment offered by Rep. Mike Harris (R-52)

1. Amend page 1, line 8, after “(b)” by striking out “Except as otherwise provided under subdivision (c), on” and inserting “On”.

2. Amend page 1, line 9, after “2012” by inserting “and before January 1, 2023”.

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

“(c) Except as otherwise provided under subdivision (d), on and after January 1, 2023, 3.95%.” and relettering the remaining subdivision.

The amendment failed by voice vote

Amendment offered by Rep. Phil Green (R-67)

1. Amend page 1, line 8, after “(b)” by striking out “Except as otherwise provided under subdivision (c), on” and inserting “On”.

2. Amend page 1, line 9, after “2012” by inserting “and before January 1, 2023”.

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

“(c) Except as otherwise provided under subdivision (d), on and after January 1, 2023, 3.96%.” and relettering the remaining subdivision.

The amendment failed by voice vote

Amendment offered by Rep. Andrew Beeler (R-64)

1. Amend page 1, line 8, after “(b)” by striking out “Except as otherwise provided under subdivision (c), on” and inserting “On”.

2. Amend page 1, line 9, after “2012” by inserting “and before January 1, 2023”.

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

“(c) Except as otherwise provided under subdivision (d), on and after January 1, 2023, 3.97%.” and relettering the remaining subdivision.

The amendment failed by voice vote

Amendment offered by Rep. Bill Schuette (R-95)

1. Amend page 1, line 8, after “(b)” by striking out “Except as otherwise provided under subdivision (c), on” and inserting “On”.

2. Amend page 1, line 9, after “2012” by inserting “and before January 1, 2023”.

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

“(c) Except as otherwise provided under subdivision (d), on and after January 1, 2023, 3.98%.” and relettering the remaining subdivision.

The amendment failed by voice vote

Amendment offered by Rep. Robert Bezotte (R-50)

1. Amend page 1, line 8, after “(b)” by striking out “Except as otherwise provided under subdivision (c), on” and inserting “On”.

2. Amend page 1, line 9, after “2012” by inserting “and before January 1, 2023”.

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

“(c) Except as otherwise provided under subdivision (d), on and after January 1, 2023, 3.99%.” and relettering the remaining subdivision.

The amendment failed by voice vote

Amendment offered by Rep. Mike Harris (R-52)

1. Amend page 1, line 8, after “(b)” by striking out “Except as otherwise provided under subdivision (c), on” and inserting “On”.

2. Amend page 1, line 9, after “2012” by inserting “and before January 1, 2023”.

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

“(c) Except as otherwise provided under subdivision (d), on and after January 1, 2023, 4.00%.” and relettering the remaining subdivision.

The amendment failed by voice vote

Amendment offered by Rep. Andrew Fink (R-35)

1. Amend page 1, line 8, after “(b)” by striking out “Except as otherwise provided under subdivision (c), on” and inserting “On”.

2. Amend page 1, line 9, after “2012” by inserting “and before January 1, 2023”.

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

“(c) Except as otherwise provided under subdivision (d), on and after January 1, 2023, 4.01%.” and relettering the remaining subdivision.

The amendment failed by voice vote

Amendment offered by Rep. Ann Bollin (R-49)

1. Amend page 1, line 8, after “(b)” by striking out “Except as otherwise provided under subdivision (c), on” and inserting “On”.

2. Amend page 1, line 9, after “2012” by inserting “and before January 1, 2023”.

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

“(c) Except as otherwise provided under subdivision (d), on and after January 1, 2023, 4.02%.” and relettering the remaining subdivision.

The amendment failed by voice vote

Amendment offered by Rep. Timothy Beson (R-96)

1. Amend page 1, line 8, after “(b)” by striking out “Except as otherwise provided under subdivision (c), on” and inserting “On”.

2. Amend page 1, line 9, after “2012” by inserting “and before January 1, 2023”.

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

“(c) Except as otherwise provided under subdivision (d), on and after January 1, 2023, 4.03%.” and relettering the remaining subdivision.

The amendment failed by voice vote

Amendment offered by Rep. Thomas Kuhn (R-57)

1. Amend page 1, line 8, after “(b)” by striking out “Except as otherwise provided under subdivision (c), on” and inserting “On”.

2. Amend page 1, line 9, after “2012” by inserting “and before January 1, 2023”.

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

“(c) Except as otherwise provided under subdivision (d), on and after January 1, 2023, 4.04%.” and relettering the remaining subdivision.

The amendment failed by voice vote

Amendment offered by Rep. Kathy Schmaltz (R-46)

1. Amend page 1, line 8, after “(b)” by striking out “Except as otherwise provided under subdivision (c), on” and inserting “On”.

2. Amend page 1, line 9, after “2012” by inserting “and before January 1, 2023”.

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

“(c) Except as otherwise provided under subdivision (d), on and after January 1, 2023, 4.05%.” and relettering the remaining subdivision.

The amendment failed by voice vote

Substitute S-2 not concurred in 53 to 56 (details)

Feb. 2, 2023

Referred to the Committee of Conference

Feb. 8, 2023

Reported from the Committee of Conference

Feb. 9, 2023

Conference report adopted 56 to 53 (details)

Received in the Senate

Feb. 16, 2023

Reported from the Committee of Conference

Conference report adopted 20 to 17 (details)

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

The motion did not prevail 20 to 17 (details)

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

The motion prevailed by voice vote

Motion to give immediate effect

Consideration postponed

Feb. 28, 2023

Motion to give immediate effect

The motion did not prevail by voice vote

Signed by Gov. Gretchen Whitmer

March 7, 2023