Legislative Update

from Government Relations

October 28, 2008

New Gift Card Law Effective Nov. 1

The bulk of a legislative package recently enacted will prohibit retailers from refusing to honor the terms or the use of a gift certificate during a sale and would create a lifespan for a gift certificate of at least five years, becomes effective November 1, 2008.  The bills are House Bills 4050, 4317, 4680, and Senate Bill 388. 

The package prohibits a retail establishment from:

-- Refusing to accept a gift certificate, except after an expiration date that was at least five years after the purchase date.

-- Altering the terms or conditions of a gift certificate after it was issued.

-- Failing to disclose the terms and conditions of a gift certificate or card, or failing to disclose that terms and conditions applied.

-- Refusing to accept a gift certificate and apply it to a purchase if its value were less than

the purchase price.

-- From charging an inactivity fee or other service fee for the possession or use of a gift certificate.

There are some exemptions to the requirements, for example, if the gift certificate is sold at a discount. A full analysis of the legislation can be found at www.mileg.org.  Use the Senate Fiscal Agency analysis dated 5-21-08 for the most recent analysis.

Proposed 2009 Alliance Legislative Agenda Available for Comment

The first draft of the 2009 Legislative Agenda is being considered for adoption by each of the partners in the Northwest Michigan Regional Chamber Alliance.  Individual chamber members are able to review and comment on the document as well.

The document will be used as the guiding principles the Alliance will use to support and promote issues in the upcoming 2009 legislative year. 

The agenda can be viewed through this link.  Any comments can be either directed to Jamie Callahan, SVP of Government Relations, at Jamie@northwestmichiganbusiness.com or by emailing your local Chamber Alliance partner.

The Northwest Michigan Regional Chamber Alliance is a partnership of six chambers of commerce across northwest Michigan with the objective of influencing public policy and acting as the voice of business in northwest Michigan to state and federal legislators.

Ballot Proposal Information Available

Every election season, the state legislature makes available an overview of the different ballot proposals on the November ballot.  The language of the flyer is agreed upon by both parties in both chambers so is not skewed towards one position.  This is the only language that a legislator, regardless of party affiliation, is allowed to use if they are sending a ballot mailer or posting information on their legislative website.  Legislative offices (which operate with taxpayer dollars) cannot advocate one way or the other on a ballot initiative, so the availability of a non-partisan overview of the proposals is needed.  The flyer gives an overview of the proposals and points to consider from both sides of the issue.  As a number of legislators have made this flyer available to their constituents and the text is the same in each of them.  Follow this link to view the flyer available by Rep. Howard Walker. 

Don’t forget to vote Nov 4^th !!