AB126: Bill Text

AB126,6,6 100.30 (2) (c) 2m. For every person holding a permit as a distributor as defined in s. 139.30 (3) or as a multiple retailer as defined in s. 139.30 (8), with respect to that portion of the person's business which involves the purchase and sale of cigarettes "cost to wholesaler" means the cost charged by the cigarette manufacturer, disregarding any manufacturer's discount or any discount under s. 139.32 (5), plus the amount of tax imposed under s. 139.31. Except for a sale at wholesale between wholesalers, a markup to cover a proportionate part of the cost of doing business shall be added to the cost to wholesaler. In the absence of proof of a lesser cost, this markup shall be 3% of the cost to wholesaler as set forth in this subd. 1. b. subdivision.

AB126, s. 15 Section 15. 100.30 (2) (c) 1g. of the statutes is repealed.

AB126, s. 16 Section 16. 100.30 (2) (c) 1r. of the statutes is repealed.

AB126, s. 17 Section 17. 100.30 (2) (c) 2. of the statutes is repealed.

AB126, s. 18 Section 18. 100.30 (2) (cg) of the statutes is repealed.

AB126, s. 19 Section 19. 100.30 (2) (cj) of the statutes is amended to read:

AB126,6,16 100.30 (2) (cj) "Existing price of a competitor" means a price being simultaneously offered to a buyer for merchandise of like quality and quantity by a person who is a direct competitor of the retailer, or wholesaler, wholesaler of motor vehicle fuel or refiner and from whom the buyer can practicably purchase the merchandise.

AB126, s. 20 Section 20. 100.30 (2) (ck) of the statutes is created to read:

AB126,6,19 100.30 (2) (ck) "Merchandise" means, cigarettes, other tobacco products and alcohol beverages.

AB126, s. 21 Section 21. 100.30 (2) (cL) of the statutes is repealed.

AB126, s. 22 Section 22. 100.30 (2) (cm) of the statutes is repealed.

AB126, s. 23 Section 23. 100.30 (2) (d) of the statutes is amended to read:

AB126,7,2 100.30 (2) (d) "Replacement cost" means the cost computed as specified in par. (am) or (c) at which the merchandise sold could have been bought by the retailer, or wholesaler or wholesaler of motor vehicle fuel at any time if bought in the same quantity as the retailer's, or wholesaler's or wholesaler of motor vehicle fuel's last purchase of the said merchandise.

AB126, s. 24 Section 24. 100.30 (2) (f) of the statutes is amended to read:

AB126,7,9 100.30 (2) (f) With respect to the sale of merchandise other than motor vehicle fuel, "retailer" "Retailer" and "wholesaler" shall both be applied to any merchant who buys merchandise for resale at retail from the manufacturer or producer thereof and to any wholesaler under par. (L) 2. and, as to that merchandise or that wholesaler, the terms "cost to retailer" and "cost to wholesaler" as defined in pars. (am) and (c) shall both be applied, including the markup requirements.

AB126, s. 25 Section 25. 100.30 (2) (g) of the statutes is amended to read:

AB126,7,16 100.30 (2) (g) "Sell", "sale" or "sold" includes any advertising or offer to sell or any transfer of merchandise where title is retained by the retailer , or wholesaler, wholesaler of motor vehicle fuel or refiner as security for the payment of the purchase price. In determining the selling price of merchandise by wholesalers , wholesalers of motor vehicle fuel, and retailers and refiners under this section, all fractions of a cent shall be carried to the next full cent.

AB126, s. 26 Section 26. 100.30 (2) (j) of the statutes is repealed.

AB126, s. 27 Section 27. 100.30 (2) (L) (intro.) of the statutes is amended to read:

AB126,7,22 100.30 (2) (L) (intro.) "Wholesaler" includes every person holding a permit as a multiple retailer under s. 139.30 (8) and every person engaged in the business of making sales at wholesale, other than sales of motor vehicle fuel at wholesale, within this state except as follows:

AB126, s. 28 Section 28. 100.30 (2) (m) of the statutes is repealed.

AB126, s. 29 Section 29. 100.30 (2m) (a) of the statutes is amended to read:

AB126,8,6 100.30 (2m) (a) When one or more items of merchandise are furnished or sold in combination with or on condition of the purchase of one or more other items of merchandise or of other goods, or are so advertised, all items of merchandise shall be included in determining cost under sub. (2) (am) or (c); and if any of the items included therein are separately priced, such separate price shall be subject to the requirements of this section.

AB126, s. 30 Section 30. 100.30 (2m) (b) of the statutes is amended to read:

AB126,8,15 100.30 (2m) (b) With respect to the sale of merchandise other than motor vehicle fuel, any Any retailer who also sells to other retailers shall use the invoice cost to other retailers in computing the selling price at retail under sub. (2) (am); and if that retailer is a manufacturer or producer, both sub. (2) (am) and (c) shall be used in computing the selling price at retail. In the absence of sales to other retailers, the manufacturer's or producer's invoice cost to wholesalers shall be used in computing the manufacturer's or producer's selling price at retail as provided in sub. (2) (am) and (c).

AB126, s. 31 Section 31. 100.30 (2m) (c) of the statutes is repealed.

AB126, s. 32 Section 32. 100.30 (3) of the statutes is amended to read:

AB126,9,3 100.30 (3) Illegality of loss leaders. Any sale of any item of merchandise either by a retailer, or wholesaler , wholesaler of motor vehicle fuel or refiner, at less than cost as defined in this section with the intent or effect of inducing the purchase of other merchandise or other goods or of unfairly diverting trade from a competitor, impairs and prevents fair competition, injures public welfare and is unfair competition and contrary to public policy and the policy of this section. Such sales are prohibited. Evidence of any sale of any item of merchandise by any retailer, or wholesaler, wholesaler of motor vehicle fuel or refiner at less than cost as defined in this section shall be prima facie evidence of intent or effect to induce the purchase of other merchandise or other goods, or to unfairly divert trade from a competitor, or to otherwise injure a competitor.

AB126, s. 33 Section 33. 100.30 (5) (a) of the statutes is amended to read:

AB126,9,12 100.30 (5) (a) The department may issue a special order as provided in s. 93.18 against a retailer, or wholesaler , wholesaler of motor vehicle fuel or refiner requiring the person to cease and desist from violating this section in the sale of cigarettes or other tobacco products, fermented malt beverages, intoxicating liquor or wine or motor vehicle fuel. The department or a district attorney may commence an action on behalf of the state against a retailer, or wholesaler, wholesaler of motor vehicle fuel or refiner who violates a special order issued under this paragraph to recover a forfeiture of not less than $200 nor more than $5,000 for each violation.

AB126, s. 34 Section 34. 100.30 (5m) of the statutes is repealed.

AB126, s. 35 Section 35. 100.30 (6) (a) 7. of the statutes is amended to read:

AB126,9,20 100.30 (6) (a) 7. The price of merchandise is made in good faith to meet an existing price of a competitor and is based on evidence in the possession of the retailer, or wholesaler, wholesaler of motor vehicle fuel or refiner in the form of an advertisement, proof of sale or receipted purchase, price survey or other business record maintained by the retailer, or wholesaler, wholesaler of motor vehicle fuel or refiner in the ordinary course of trade or the usual conduct of business.

AB126, s. 36 Section 36. 100.30 (6) (a) 9. of the statutes is repealed.

AB126, s. 37 Section 37. 100.30 (7) of the statutes is repealed.

AB126, s. 38 Section 38. 814.04 (intro.) of the statutes is amended to read:

AB126,9,25 814.04 Items of costs. (intro.) Except as provided in ss. 93.20, 100.30 (5m), 106.04 (6) (i) and (6m) (a), 115.80 (9), 769.313, 814.025, 814.245, 895.035 (4), 895.75 (3), 895.77 (2), 895.79 (3), 895.80 (3), 943.212 (2) (b), 943.245 (2) (d) and 943.51 (2) (b), when allowed costs shall be as follows:

AB126,10,3 (End)