SB 982

SENATE BILL NO. 982
A bill to amend 1964 PA 283, entitled
"Weights and measures act,"
by amending section 28e (MCL 290.628e), as amended by
2022 PA 273.
the people of the state of michigan enact:
Sec. 28e. (1) Beginning
July 2, 2013, if If motor fuel is sold
at a roadside retail location, the roadside advertising must comply with all of
the following:
(a) The price
advertised must be clearly and completely posted in full, including any
fractional prices, to the tenth of a cent.
(b) The price
advertised must include the grade of fuel being sold, with the following
abbreviations allowed:
(i) Regular gasoline: "Regular",
"Reg.", or "Reg,".
(ii) Midgrade gasoline: "Midgrade",
"Mid.", or "Mid,".
(iii) Premium gasoline: "Premium",
"Prem.", or "Prem,".
(iv) Diesel fuel: "Diesel",
"Dsl.", or "Dsl,".
(v) Kerosene fuel: "Kerosene",
"Ker.", or "Ker,".
(vi) E85 fuel ethanol: "E85".
(c) All prices must
be capable of being displayed at the pump, but only the unit price of the
selected product must be displayed during the transaction. All indications on
the pump display must calculate the correct total price of the purchase.
(d) If the
advertised price of the motor fuel is subject to 1 or more conditions for sale
at that price, the retailer shall post the conditions immediately adjacent to
the sales price with equal illumination in lettering of the same style and of
at least 1/2 the size that is used to post the sale price.
(e) If the unit
price for the same grade of motor fuel differs, and the sign will not
accommodate displaying all prices in lettering of the same style and size, the
highest price must be displayed in lettering using the largest size of the
prices that are displayed.
(2) Subsection
(1)(b) does not preclude the owner or operator of a business selling motor fuel
at a roadside retail location from using a proprietary fuel name.
(3) The
owner or operator of a business selling motor fuel at a roadside retail
location shall not use dynamic pricing in the sale of motor fuel.
(4) The
owner or operator of a business selling motor fuel at a roadside retail
location shall maintain all records of price changes for motor fuel for not
less than 12 months.
(5) A
violation of subsection (3) constitutes a violation of the Michigan consumer
protection act, 1976 PA 331, MCL 445.901 to 445.922.
(6) As used
in this section:
(a)
"Dynamic pricing" means a pricing system that adjusts the price of
goods at any time, including outside of a business's normal hours of operation,
and is based on external conditions that may include, but are not limited to,
any of the following:
(i) The time of day.
(ii) The day of the week.
(iii) The weather or
temperature.
(iv) Customer attributes and
consumer data, including, but not limited to, location, demographic profile,
purchase history, or an individual or group characteristic protected under the
Elliott-Larsen civil rights act, 1976 PA 453, MCL 37.2101 to 37.2804.
(b)
"Motor fuel" means that term as defined in section 4 of the motor
fuel tax act, 2000 PA 403, MCL 207.1004.
Enacting section 1.
This amendatory act does not take effect unless Senate Bill No. 993 of the
103rd Legislature is enacted into law.