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2007 - 2008 LEGISLATURE
ASSEMBLY AMENDMENT 2,
TO ASSEMBLY AMENDMENT 1,
TO ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2007 SENATE BILL 40
July 10, 2007 - Offered by Representative Wood.
SB40-ASA1-AA1-AA2,1,11 At the locations indicated, amend the amendment as follows:
SB40-ASA1-AA1-AA2,1,2 21. Page 306, line 4: after that line insert:
SB40-ASA1-AA1-AA2,1,3 3"1654k. Page 1210, line 10: after that line insert:
SB40-ASA1-AA1-AA2,1,4 4" Section 2603t. 100.299 of the statutes is created to read:
SB40-ASA1-AA1-AA2,1,7 5100.299 Ethanol; cost to retailer, terminal. Notwithstanding any other
6provision in this chapter, for purposes of any law regulating the minimum price of
7motor vehicle fuel, with respect to the sale of motor vehicle fuel containing ethanol:
SB40-ASA1-AA1-AA2,1,8 8(1) "Cost to retailer" means the following:
SB40-ASA1-AA1-AA2,2,89 (a) In the case of the retail sale of motor vehicle fuel containing ethanol by a
10refiner at a retail station owned or operated either directly or indirectly by the
11refiner, the refiner's lowest selling price to other retailers or to wholesalers of motor

1vehicle fuel on the date of the refiner's retail sale, less all trade discounts except
2customary discounts for cash, plus any excise, sales or use taxes imposed on the
3motor vehicle fuel or on its sale and any cost incurred for transportation and any
4other charges not otherwise included in the invoice cost of the motor vehicle fuel, plus
5a markup of 9.18% of that amount to cover a proportionate part of the cost of doing
6business; or the average posted terminal price at the terminal located closest to the
7retail station plus a markup of 9.18% of the average posted terminal price to cover
8a proportionate part of the cost of doing business; whichever is less.
SB40-ASA1-AA1-AA2,2,219 (b) In the case of the retail sale of motor vehicle fuel containing ethanol by a
10wholesaler of motor vehicle fuel, who is not a refiner, at a retail station owned or
11operated either directly or indirectly by the wholesaler of motor vehicle fuel, the
12invoice cost of the motor vehicle fuel to the wholesaler of motor vehicle fuel within
1310 days prior to the date of sale, or the replacement cost of the motor vehicle fuel,
14whichever is lower, less all trade discounts except customary discounts for cash, plus
15any excise, sales or use taxes imposed on the motor vehicle fuel or on its sale, and any
16cost incurred for transportation and any other charges not otherwise included in the
17invoice cost or replacement cost of the motor vehicle fuel, plus a markup of 9.18% of
18that amount to cover a proportionate part of the cost of doing business; or the average
19posted terminal price at the terminal located closest to the retail station plus a
20markup of 9.18% of the average posted terminal price to cover a proportionate part
21of the cost of doing business; whichever is less.
SB40-ASA1-AA1-AA2,3,822 (c) In the case of the retail sale of motor vehicle fuel containing ethanol by a
23person other than a refiner or a wholesaler of motor vehicle fuel at a retail station,
24the invoice cost of the motor vehicle fuel to the retailer within 10 days prior to the
25date of sale, or the replacement cost of the motor vehicle fuel, whichever is lower, less

1all trade discounts except customary discounts for cash, plus any excise, sales or use
2taxes imposed on the motor vehicle fuel or on its sale and any cost incurred for
3transportation and any other charges not otherwise included in the invoice cost or
4the replacement cost of the motor vehicle fuel, plus a markup of 6% of that amount
5to cover a proportionate part of the cost of doing business; or the average posted
6terminal price at the terminal located closest to the retailer plus a markup of 9.18%
7of the average posted terminal price to cover a proportionate part of the cost of doing
8business; whichever is less.
SB40-ASA1-AA1-AA2,3,10 9(2) "Terminal" means a facility in which ethanol is produced for use as a motor
10vehicle fuel.".".
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