SB 1014

SENATE BILL NO. 1014
A bill to amend 2011 PA 15, entitled
"Shopping reform and modernization act,"
by amending sections 2 and 7 (MCL 445.312 and 445.317).
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 "Displayed" means stamped,
affixed, or otherwise marked on the a 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) "Final price" means the total price of a consumer item
plus any applicable sales or use tax and container deposit collected by the
seller on the sale at retail of that consumer item.
(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 any applicable sales or use tax
and container deposit.
Sec. 7. (1) If a consumer is
engaging in a cash transaction for a consumer item, the person making the sale
at retail of that consumer item shall round the final price of the consumer
item down to the nearest multiple of 5 cents. Rounding under this subsection
does not apply to the calculation of any applicable sales or use tax, which is
governed by the general sales tax act, 1933 PA 167, MCL 205.51 to 205.78, and
the use tax act, 1937 PA 94, MCL 205.91 to 205.111, respectively.
(2) (1) Except
as otherwise provided in subsection (2), (3), a person shall display the total price of a
consumer item offered for sale at retail at the place of the retail sale.
(3) (2) Subsection
(1) (2) does
not apply to any of the following:
(a) A consumer item
that is sold by weight or volume and is not in a package or container.
(b) A consumer item
sold in a coin-operated vending machine.
(c) Prepared food
intended for immediate consumption, as that term is defined
in section 4g of the general sales tax act, 1933 PA 167, MCL 205.54g.
(d) A consumer item
purchased by mail or through catalog order, or that is not otherwise visible
for inspection by the consumer at the time of the sale, and that is ordered or
requested by the consumer, if the price of the consumer item is on the consumer's
written order or request or on a bill, invoice, or other notice that describes
or names the consumer item and is enclosed with the consumer item.
(e) An unpackaged
food item.
(f) A consumer item
that has a total weight of not more than 3 ounces, a total volume of not more
than 3 cubic inches, and a total price of not more than 30 cents.
(g) Live plants.
(h) Live animals.
(i) Motor vehicles.
(j) Motor vehicle
parts.
(k) Packages of 20
or fewer cigarettes.
(l) Greeting cards that are sold
individually and have a readable coded price on the back of the card.
(m) Merchandise
that is ordered as a gift by a consumer and is sent by mail or other delivery
service to a person other than the consumer by the retailer at the request of
the consumer.