SB 992

SENATE BILL NO. 992
A bill to amend 2011 PA 15, entitled
"Shopping reform and modernization act,"
by amending section 2 (MCL 445.312) and by adding
section 7a.
the people of the state of michigan enact:
Sec. 2. As used in this act:
(a)
"Advertise" means the use or dissemination of an advertising advertisement
by a person that is subject to this act.
(b)
"Advertising" or "advertisement" means a communication or
representation that is disseminated in any manner by any means for the purpose
of inducing, or that is likely to induce, directly or indirectly, the purchase
of a consumer item, good, merchandise, or commodity.
(c) "Automatic
checkout system" means an electronic device, computer, or machine that
determines the price of a consumer item by using a product identity code. An
automatic checkout system may, but is not
required to, include an optical scanner.
(d) "Consumer
item" means an article of tangible personal property used or consumed, or
bought for use or consumption, primarily for personal, family, or household
purposes.
(e) A price is
"displayed" for a consumer item if the price is stamped, affixed, or
otherwise marked on the consumer item; or the price of the consumer item is
displayed, by signage, by an electronic reader, or by any other method that
clearly and reasonably conveys the current price of the consumer item, to a
consumer when in the store at the place where the item is located.
(f) "Dynamic pricing" means a pricing system that adjusts the
price of a consumer item 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, 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.
(g) (f) "Person"
means an individual, corporation, limited liability company, partnership,
association, or other legal entity.
(h) (g) "Sale
at retail" means a transfer of an interest in a consumer item by a person
that is regularly and principally engaged in the business of selling consumer
items to a buyer for use or consumption and not for resale.
(i) (h) "Total
price" means the full purchase price of a consumer item, excluding sales
tax and container deposit.
Sec. 7a. (1) A
person shall not use dynamic pricing in the display of the total price of a
consumer item offered for sale at retail.
(2) A person may adjust the price of consumer items for spoilage,
restocking, or time-limited promotions if the adjusted price meets all of the
following conditions:
(a) Is made by an employee of the person adjusting the price.
(b) Is applied uniformly to all customers.
(c) Is clearly displayed.
(3) A person may use digital price tags to display the total price of a
consumer good if the total price displayed on the digital price tag matches the
total price charged at the point of sale and the total price is not subject to
dynamic pricing.
(4) This section does not prohibit a customer from utilizing a uniformly
available coupon, loyalty discount, or manufacturer rebate that is offered on
the same terms to every customer and does not vary according to an external
condition described in section 2(f).
(5) A violation
of this section constitutes a violation of the Michigan consumer protection
act, 1976 PA 331, MCL 445.901 to 445.922.
Enacting section 1.
This amendatory act does not take effect unless Senate Bill No. 993 of the
103rd Legislature is enacted into law.