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June 8, 2007

’07 Budget Signed; ’08 Budget and
SBT Replacement Still in Limbo

Gov. Jennifer Granholm signed the 2007 Fiscal Year budget agreement, as
provided in Senate Bill 436 and several companion bills. The agreement
combines cuts, reforms and additional use of the tobacco settlement
securitization to fill the ’07 revenue shortfall of $803 million.

Granholm’s signature and the legislature’s actions on SB 436 take care of a
third of the state’s problems. The ’08 budget has to be in place by October
1, and the state’s Single Business Tax (SBT) needs to be replaced before it
expires on December 31, 2007.

While the ’08 budget can wait until October, the SBT replacement probably
cannot. The business community is telling the legislature it needs about six
months to fully adjust to a new business tax. The original deadline of March
15 slipped to April 1, then June 1; now Granholm and Senate Minority Leader
Mark Schauer (D-Battle Creek) are proposing July 1 as a deadline. The
governor stated that no legislator should take a vacation until this issue
is wrapped up.

Senate Majority Leader Mike Bishop (R-Rochester) has said the two sides are
very close to a deal, taking various schemes from the GOP plan and meshing
it with some from the House Democrats’ plan. At several points it appeared a
compromise has been reached, only to have the negotiations stall or blow up.
It does appear inevitable, however, that a plan will be in place by July 1
or very close to that date.

Regarding budget negotiations, Bishop and the Senate GOP were strident in
their opposition to revenue enhancement (taxes) to balance the ’07 budget.
However, they left the door slightly open for revenue enhancements for the
’08 budget, in exchange for various governmental reforms.

The two most probable taxes are an income tax hike—probably from the current
3.9 percent to between 4.4 and 4.6 percent—and a 6-percent tax on luxury
items and services. Things such as rounds of golf and theatre and sporting
event tickets would be taxed under this scenario.

When an agreement on the SBT replacement is accomplished—sometime between
next week and July 1—its details will provide an indication of the revenue
enhancements needed in the ’08 budget. Then budget chairs will know their
targets and the summer will probably be spent negotiating individual
budgets.

Gift Card Regulation Bills Clear Senate

Two bills seeking to place restrictions on gift certificates and gift cards
passed the Senate Commerce and Labor Committee as expected. Senate Bills 387
and 388 were the subjects of numerous workgroups coordinated with MRA.
Sponsored by Republicans, these bills originally called for a minimum
five-year expiration date and a requirement to escheat the remainder of the
balance to the state at this time.

After numerous negotiations, MRA was able to win approval for removing the
escheating requirement. As passed by the Senate, the bills would eliminate
dormancy fees and require a retailer to honor a gift card for a minimum of
five years. If a card has an expiration date (at least five years after
purchase), any value left on the card would revert to the retailer after the
expiration date.

The bills face an uncertain future in the House, as numerous
Democratic-sponsored bills in that chamber call for much more stringent
regulation. In all of those bills, retailers would still have to escheat
remainder balances as well as publicize all policies associated with the
cards.

Part-Time Legislature Linked to Changes in Term Limits
In an effort to save the state money and enact essential governmental
reforms, several high-ranking public officials are suggesting the
legislature become a part-time body. Senate Majority Leader Bishop is
leading such talks and believes the move should be linked with altering term
limits to expand the length of time a legislator can serve.

Gov. Granholm reportedly is on board with Bishop’s proposal, saying the
current terms are too short. She also claimed that solving the state’s
budget crisis and replacing the SBT have been more difficult because of all
the relatively new legislators with less experience.

The current term limits law allows House members to serve three two-year
terms and senators to serve two four-year terms.


KEY BILL INTRODUCTIONS:

No Bill to Introduce at this Time.


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Kathleen Wilson, Administrative Assistant to the Governmental Affairs Office at
kawilson@retailers.com.
Michigan Retailers Association
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Lansing, MI 48933
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