New state laws affect bad checks, consumer credit

Discount Store News, Feb 17, 1986

The following is a rundown of pending state legislation as collated by the Association of General Merchandise Chains (AGMC).

ADVERTISING

Maryland

SB78 requires that damaged, defective, discontinued, reconditioned, previously used or imperfect goods be advertised and marked as such before the goods may be sold or offered for sale.

ADVERTISING TAX

Michigan

HB5291 removes the use tax exemption on advertising supplements to newspapers and periodicals which are considered a component part of the newspaper or periodical. This bill is similar to HB5292.

BAD CHECKS

Florida

HB12 would authorize state attorneys to create a bad check division program into which persons accused of issuing bad checks may be placed as an alternative to prosecution.

HB115 provides that when a person fails to pay a bad check within 30 days following a written demand, the person shall be liable for triple damages but in no case less than $100 or more than $500.

Georgia

SB307 changes the penalties provided for the offense of issuing a bad check when a person who issued the check had no account with the bank or depository on which the check was drawn at the time that the check was made, drawn, uttered or delivered.

Indiana

HB1209 provides that a person, found liable for stopping payment on a check without a valid legal cause or for allowing the dishonor of a check, is liable to the holder for an additional $25 for collection costs.

SB208 would establish a felony penalty if the check has a face value of $5,000 or more.

Maryland

HB303 would provide that it is a violation of the bad check law to issue a bad check in full or partial payment of a pre-existing debt.

SB6 provides that a person convicted of issuing a bad check may not be granted probation unless the court orders restoration of the property or payment of restitution. It also specifies that a failute to make restitution or restoration is a violation of probation.

New Jersey

SB316 requires that any person convicted more than once of issuing bad checks must be sentenced to a term of imprisonment.

New York

SB6780 imposes additional liability on persons who issue bad checks.

South Dakota

SB13 provides that restitution not be a defense to the offense of issuing a bad check.

Utah

SB49 increases the amount of the service charge which may be imposed by a person holding a bad check.

West Virginia

SB2 includes the fraudulent stopping of payment on a check within the definition of the crime of theft of services.

SB11 increases the bad check penalties. This bill is similar to SB63.

BEVERAGE CANS

Virginia

SB38 would require deposits on beverage containers.

West Virginia

SB10 would require that beverage containers have a refund value marked on the container and would provide for redemption of the containers.

BUSINESS CLOSINGS

Indiana

SB424 would require certain employers planning to close, relocate, or reduce operations to give six months notice and to submit an economic impact statement.

Kentucky

HB340 reqires an employer undertaking a merger, liquidation, disposition, relocation or termination of a business operation to give employees 28 calendar days notice in cases where 50 or more employees will be permanently terminated.