Michigan 2023-2024 Regular Session

Michigan Senate Bill SB0731

Introduced
2/28/24  
Refer
2/28/24  
Report Pass
6/12/24  
Refer
6/12/24  
Report Pass
6/25/24  
Engrossed
6/26/24  
Refer
6/26/24  

Caption

Liquor: other; payment of administrative fee to wholesaler for a payment dishonored by a financial institution; require. Amends sec. 903b of 1998 PA 58 (MCL 436.1903b).

Impact

The proposed changes are intended to strengthen the financial relationship between wholesalers and retailers in the liquor trade by discouraging the issuance of bad checks. The escalatory fee structure serves not only as a financial deterrent to prevent late or non-payment but also as a clear guideline for standard practice among wholesalers. This measure is expected to improve compliance within the industry, thereby enhancing overall operational efficiency and accountability.

Summary

Senate Bill 0731 amends the Michigan Liquor Control Code by introducing a structured fee system for wholesalers that encounter dishonored payments from retailers. According to the bill, if a retailer's payment to a wholesaler is not honored by a bank due to insufficient funds, the wholesaler is entitled to charge the retailer an administrative fee that escalates with repeated offenses. The fees start at $50 for the first dishonored payment and can increase up to $250 for subsequent violations within a 12-month period.

Sentiment

The sentiment surrounding SB 0731 appears to be generally positive, especially among wholesalers who see it as a necessary step towards financial security in transactions with retailers. The structured fee approach has been framed as a reasonable response to a problem that can financially harm wholesalers. However, concerns may arise among smaller liquor retailers who fear that such fees could disproportionately affect their financial viability in times of economic strain.

Contention

While the bill aims to provide clarity and protection for wholesalers against non-payment, there is a potential for contention regarding the fairness and burden of the increasing fees. Smaller retailers may argue that the fees can escalate too quickly, leading to financial difficulties if they encounter multiple payment issues. The balance between enforcing responsible payment practices and maintaining fair treatment of retailers will be a point of debate as discussions around SB 0731 progress.

Companion Bills

No companion bills found.

Previously Filed As

MI SB0088

Liquor: other; payment of administrative fee to wholesaler for a payment dishonored by a financial institution; require. Amends sec. 903b of 1998 PA 58 (MCL 436.1903b).

MI SB0087

Liquor: liquor control commission; suspension of retailer license for dishonored payments under certain conditions; provide for. Amends 1998 PA 58 (MCL 436.1101 - 436.2303) by adding sec. 804.

MI SB0732

Liquor: liquor control commission; guidelines for review of the financial viability of a vendor; provide for. Amends 1998 PA 58 (MCL 436.1101 - 436.2303) by adding sec. 804.

MI HB4766

Liquor: other; certain references in the liquor control act; make gender neutral. Amends sec. 801 of 1998 PA 58 (MCL 436.1801). TIE BAR WITH: HJR F'23

MI SB0868

Liquor: other; definition of brand; modify. Amends sec. 105 of 1998 PA 58 (MCL 436.1105).

MI HB4422

Liquor: authorized distribution agents; authorized distribution agent fees; increase. Amends sec. 205 of 1998 PA 58 (MCL 436.1205).

MI HB5327

Liquor: other; membership in the Michigan craft beverage council; modify. Amends sec. 303 of 1998 PA 58 (MCL 436.1303).

MI HB6084

Liquor: licenses; providing refrigerator systems to certain licensees; allow. Amends sec. 609 of 1998 PA 58 (MCL 436.1609).

MI HB4043

Liquor: licenses; providing refrigerator systems to certain licensees; allow. Amends sec. 609 of 1998 PA 58 (MCL 436.1609).

MI SB0411

Liquor: licenses; providing refrigerator systems to certain licensees; allow. Amends sec. 609 of 1998 PA 58 (MCL 436.1609).

Similar Bills

MI SB0088

Liquor: other; payment of administrative fee to wholesaler for a payment dishonored by a financial institution; require. Amends sec. 903b of 1998 PA 58 (MCL 436.1903b).

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TX HB4286

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TX SB1819

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CA AB225

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