KEY LEGISLATION:
California-Style
Legislation on
Gift Cards Expected Soon
Sen. Gerry Van Woerkom (R-Muskegon) is set to introduce
legislation
regulating customer gift cards and gift certificates in ways similar
to
changes recently enacted in California. Senator Van Woerkom’s staff
sought
MRA’s input because of our interest and leadership in the bankcard
and gift
card field. Fortunately, Sen. Van Woerkom has been an ally of ours in
the
past and should be more open to our concerns on this issue than others
might be.
MRA is currently reviewing a copy of the draft bill.
At first review,
several issues are of concern. The bill contains provisions that an
expiration date not be allowed and that a service fee not be allowed,
including a fee for dormancy of the card. Further, it would require
that a
retailer redeem any gift certificate sold after Jan. 1, 1997, in cash
for
its cash value or replace it with a new gift certificate at no cost
to the
purchaser or holder.
As defined in the legislation, a "gift certificate"
includes a gift card,
unless the gift card is usable with multiple sellers of goods or services
and an expiration date, if any, is printed on the card. Multiple sellers
do
not include a group of sellers who are all affiliates of each other.
MRA will meet with the senator as early as next week
to discuss our concerns
with the legislation. Members who would like to have input on this issue
are
urged to call MRA as soon as possible with these concerns. A copy of
the
draft can be obtained via fax by calling Kathleen Wilson at 800.366.3699.
Bottle Bill Task Force Issues Recommendations
The Senate Beverage Container and Recycling Task Force
issued its final
report addressing the state’s recycling deficiencies. The report
did not
call for an expansion of the state’s beverage container law, but
instead
focused its efforts on increasing comprehensive recycling programs in
the
state. It also called for a new $3-per-ton landfill tipping fee to fund
local recycling programs to bolster Michigan’s recycling rate.
MRA has been a member of the Executive Committee of
the Michigan Recycling
Partnership. The Michigan Recycling Partnership worked hard to educate
the
legislature that a move to simply collect more beverage containers was
shortsighted and did not focus on Michigan’s real problems of overall
municipal solid waste recycling. The task force recommended the following
items among others:
• Put a comprehensive statewide recycling plan
into statute and have the
legislature revisit it every five years;
• Establish a Recycling Advisory Council consisting
of various members of
the recycling industry along with membership from the business and
environmental communities and local units of government;
• Establish tax credits for businesses that invest
in floor space for
redeeming containers or equipment necessary to process and store containers;
• Consider the use of "advance recycling fees"
to help ensure proper
management of certain items that contain toxic materials such as various
forms of electronic waste.
According to Task Force Chair Sen. Cameron Browne (R-Sturgis),
as many as 40
bills will soon be drafted to address the task force’s recommendation.
Budget Woes
Prompt Talk Of
Income Tax Rollback Freeze
With the recent Revenue Estimating Conference showing
that the state is
already nearly $1 billion in the hole for the fiscal year that began
October
1, some lawmakers have been advocating a freeze in the income tax rate
rollback. Business groups, including MRA, are nearly unanimous in their
opposition to a freeze, noting that such an option would encourage further
spending while netting the state less than $300 million toward filling
the
hole in the state budget.
Identity-Theft Legislation Expected Soon
Several victims of identity theft testified before the
Senate Judiciary
Committee, sharing their stories and explaining their struggles to clear
their name and credit. After hearing several hours of testimony, committee
members vowed to try to help resolve some of the problems associated
with
identity theft.
One of the legislative fixes being considered—proposed
by Senator Mike
Bishop (R-Rochester Hills)—would change the jurisdiction in charge
of
investigating the crime. Bishop’s proposal would base that jurisdiction
on
where the victim lives, rather than where the crime is perpetrated,
as
current law stipulates. According to Committee Chair Alan Cropsey
(R-DeWitt), the committee will begin working on legislation next week.
MRA is very concerned about identity theft and will be offering insight
on
how retailers can be of assistance while not being overly burdened in
their
day-to-day operations.
KEY BILL INTRODUCTIONS:
No bills to report at this time.
To view the content and current status of retail-related
bills, visit BillTrack,
MRA's legislative tracking database exclusively for members, at
www.retailbilltrack.com
If you are currently receiving Capitol F@cts by fax
and would like to receive
it via e-mail, please contact Kathleen Wilson at 517.372.5656 or
kawilson@retailers.com.
For back issues of online Capitol F@cts, visit MRA's main Capitol F@cts page.
Specific comments or questions regarding this bulletin
should be directed to:
Kathleen Wilson, Administrative Assistant to the Governmental Affairs
Office at
kawilson@retailers.com.
Michigan Retailers Association
603 South Washington Avenue
Lansing, MI 48933
517.372.5656
Toll-Free: 800.366.3699
Fax: 517.372.1303
govt_affairs@retailers.com
www.retailers.com
www.mallofmichigan.com
