Amendment ASA2-AB483

LRBs0211/2

RCT:jlg:jf

1999 - 2000 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 2, TO 1999 ASSEMBLY BILL 483

January 19, 2000 - Offered by Representative Ward.

AB483-ASA2,1,3 An Act to amend 100.22 (3); and to repeal and recreate 100.22 (1m) of the statutes; relating to: authorizing the payment of different prices to producers for milk based on specified criteria.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB483-ASA2, s. 1 Section 1. 100.22 (1m) of the statutes is repealed and recreated to read:

AB483-ASA2,1,7 100.22 (1m) Milk pricing. A person engaged in the business of buying milk from producers for the purpose of manufacturing, processing or resale may pay producers different prices for the purchase of milk, if all of the following apply:

AB483-ASA2,1,10 (a) Before making any payment to producers under this subsection, the person engaged in the business of buying milk from producers establishes a payment method based upon criteria specified by the person.

AB483-ASA2,2,2 (b) Before making any payment to producers under this subsection, the person engaged in the business of buying milk from producers announces, and offers to make payment in accordance with, the payment method established under par. (a) to all producers from whom the person buys milk.

AB483-ASA2,2,5 (c) The person engaged in the business of buying milk from producers makes payments to all milk producers from whom the person purchases milk in accordance with the payment method established under par. (a).

AB483-ASA2,2,8 (d) The payment method established under par. (a) is not part of any other method used to discriminate between producers in the price paid for milk or in services furnished in connection with the purchase of milk.

AB483-ASA2,2,11 (e) If the payment method established under par. (a) requires testing of milk, the person engaged in the business of buying milk complies with any rules promulgated by the department concerning payment based on milk tests.

AB483-ASA2, s. 2 Section 2. 100.22 (3) of the statutes is amended to read:

AB483-ASA2,2,17 100.22 (3) Justification defense. It is a defense to a prosecution for violation of this section or a special order issued under this section to prove that the discrimination in price or services was done in good faith to meet competition or was commensurate with an actual difference in the quantity of or transportation charges or marketing expenses for the milk purchased.

AB483-ASA2,2,18 (End)