2019 - 2020 LEGISLATURE
April 9, 2019 - Introduced by Representatives Ott,
Sortwell, Neylon, Brandtjen,
Duchow, Kuglitsch and Hutton, cosponsored by Senators Stroebel, Craig,
Kooyenga, Carpenter, Kapenga, Bernier, Jacque and Darling. Referred to
Committee on Consumer Protection.
1An Act to repeal
20.115 (1) (r), 100.26 (9), 100.30 and 100.33 (1) (g); to
100.51 (1) (a) and 951.10 (1); to amend
100.201 (2) (h) 5., 100.264 3
(2) (intro.), 100.33 (1) (c), 100.33 (1) (h), 100.51 (6) (a), 134.04 (1), 139.39 (3), 4
814.04 (intro.) and 951.10 (2); and to create
100.33 (1) (em), 100.51 (1) (ag) and 5
951.10 (1g) of the statutes; relating to: eliminating minimum markup
6requirements and the prohibition on sales below cost.
Analysis by the Legislative Reference Bureau
This bill repeals the Unfair Sales Act, also known as the “minimum markup”
This state's Unfair Sales Act 1) prohibits below-cost sales of any merchandise,
if the sale is intended to induce the purchase of other merchandise or divert trade
unfairly from a competitor; and 2) requires a “minimum markup” (a specified amount
over the cost of the merchandise to the seller) to be added to sales of motor vehicle
fuel, tobacco products, fermented malt beverages, liquor, or wine.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
20.115 (1) (r) of the statutes is repealed.
100.201 (2) (h) 5. of the statutes is amended to read:
(h) 5. This paragraph shall also apply to any retailer who owns, 4
or otherwise contracts for, directly or indirectly, facilities for 5
manufacturing or processing any selected dairy product, and to the cost of a selected
6dairy product, as defined in this paragraph, shall be added both the wholesale and
7retail markup as provided in s. 100.30
100.26 (9) of the statutes is repealed.
100.264 (2) (intro.) of the statutes is amended to read:
100.264 (2) Supplemental forfeiture.
(intro.) If a fine or a forfeiture is 11
imposed on a person for a violation under ch. 136 or 707 or s. 100.16, 100.17, 100.171, 12
100.174, 100.18, 100.182, 100.183, 100.195, 100.20, 100.203, 100.205, 100.207, 13
100.209, 100.21, 100.30 (3),
100.313, 100.315, 100.35, 100.44, 100.46, 100.52, 14
100.525, 100.55, 100.57, 100.65, 134.71, 134.72, 134.73, 134.87, 344.574, 344.576 (1), 15
(2), or (3) (a) or (b), 344.577, or 344.578, or a provision of ch. 704 or 846 for which the 16
department has rule-making, investigation, or enforcement authority, or a rule 17
promulgated under one of those sections, chapters, or provisions, the person shall be 18
subject to a supplemental forfeiture not to exceed $10,000 for that violation if the 19
conduct by the defendant, for which the violation was imposed, was perpetrated 20
against an elderly person or disabled person and if the court finds that any of the 21
following factors is present:
100.30 of the statutes is repealed.
100.33 (1) (c) of the statutes is amended to read:
(c) “Plastic container" means an individual, separate, rigid plastic 2
bottle, can, jar,
or carton, except for a blister pack, that is originally used to contain 3
a product that is the subject of a retail sale, as defined under s. 100.30 (2) (h)
100.33 (1) (em) of the statutes is created to read:
(em) “Retail sale" and “sale at retail" mean a transfer for valuable 6
consideration, made in the ordinary course of trade or in the usual conduct of a 7
retailer's business, of title to tangible personal property to the purchaser for 8
consumption or use other than resale or further processing or manufacturing.
100.33 (1) (g) of the statutes is repealed.
100.33 (1) (h) of the statutes is amended to read:
at wholesale" has the meaning given in s. 100.30 (2)
12(i) includes any transfer for valuable consideration made in the ordinary course of
13trade or in the usual conduct of a wholesaler's business, of title to tangible personal
14property to the purchaser for purposes of resale or further processing or
100.51 (1) (a) of the statutes is renumbered 100.51 (1) (ar).
100.51 (1) (ag) of the statutes is created to read:
(ag) “Average posted terminal price” means the average posted rack 19
price, as published by a petroleum price reporting service, at which motor vehicle fuel 20
is offered for sale at the close of business on the determination date by all refiners 21
and wholesalers of motor vehicle fuel at a terminal plus any excise, sales, or use taxes 22
imposed on the motor vehicle fuel or on its sale, any cost incurred for transportation, 23
and any other charges that are not otherwise included in the average posted rack 24
price. In this paragraph, “average" means the arithmetic mean.
100.51 (6) (a) of the statutes is amended to read:
(a) A motor fuel grantor that provides gasoline to a motor fuel dealer 2
under a motor fuel dealership agreement shall offer gasoline to the motor fuel dealer 3
that is not blended with ethanol and that is suitable for subsequent blending with 4
ethanol and for resale. For purposes of this subsection, gasoline that is not blended 5
with ethanol is not suitable for subsequent sale if the price charged for the unblended 6
gasoline by the motor fuel grantor does not fairly reflect the average posted terminal 7
price, as defined in s. 100.30 (2) (a)
134.04 (1) of the statutes is amended to read:
No person, firm,
or corporation engaged in any enterprise in this 10
state shall by any method or procedure directly or indirectly by itself or through a 11
subsidiary agency owned or controlled in whole or in part by such person, firm,
corporation, sell or procure for sale or have in its possession or under its control for 13
sale to its employees or any person any article, material, product
or merchandise of 14
whatsoever nature not of the person's, firm's,
or corporation's production or not 15
handled in the person's, firm's,
or corporation's regular course of trade, excepting 16
meals, candy bars, cigarettes,
and tobacco for the exclusive use and consumption of 17
such employees of the employer, and excepting tools used by employees in said 18
enterprise and such specialized appliances and paraphernalia as may be required in 19
said enterprise for the employees' safety or health and articles used by employees or 20
other persons which insure better sanitary conditions and quality in the 21
manufacture of food or food products. The provisions of this subsection shall not 22
apply to lumber producers, loggers,
and dealers nor to any cooperative association 23
organized under ch. 185 or 193. This section shall not be construed as authorizing
24the sale of any merchandise at less than cost as defined in s. 100.30.
139.39 (3) of the statutes is amended to read:
The secretary may suspend or revoke the permit of any permittee 2
who violates ss. 100.30 or
139.30 to 139.44 or any rules adopted under sub. (1). The
3secretary shall revoke the permit of any permittee who violates s. 100.30 3 or more
4times within a 5-year period.
814.04 (intro.) of the statutes is amended to read:
6814.04 Items of costs.
(intro.) Except as provided in ss. 93.20, 100.195 (5m) 7
(b), 100.30 (5m),
106.50 (6) (i) and (6m) (a), 115.80 (9), 767.553 (4) (d), 769.313, 8
802.05, 814.245, 895.035 (4), 895.044, 895.443 (3), 895.444 (2), 895.445 (3), 895.446 9
(3), 895.506, 943.212 (2) (b), 943.245 (2) (d), 943.51 (2) (b), and 995.10 (3), when 10
allowed costs shall be as follows:
951.10 (1) of the statutes is renumbered 951.10 (1r).
951.10 (1g) of the statutes is created to read:
In this section, “retailer" includes every person engaged in the 14
business of making sales at retail within this state, but, in the case of a person 15
engaged in the business of selling both at retail and at wholesale, such term shall be 16
applied only to the retail portion of such business.
951.10 (2) of the statutes is amended to read:
No retailer, as defined in s. 100.30 (2) (e),
may sell, offer for sale, 19
or give away living baby rabbits, baby chicks, ducklings,
or other fowl under 20
2 months of age in any quantity less than 6 unless in the business of selling these 21
animals for agricultural, wildlife,
or scientific purposes.