Amendment ASA1-SB358

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2005 - 2006 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2005 SENATE BILL 358

May 4, 2006 - Offered by Representative Zepnick.

SB358-ASA1,1,5 An Act to amend 100.26 (4m); and to create 100.55 of the statutes; relating to: prohibiting charging grossly excessive prices for motor vehicle fuel, extending the time limit for emergency rule procedures, providing an exemption from emergency rule procedures, granting rule-making authority, and providing a penalty.

Analysis by the Legislative Reference Bureau

This substitute amendment prohibits charging for motor vehicle fuel a wholesale or retail price that grossly exceeds the price at which motor vehicle fuel is sold by another or that grossly exceeds the average price at which motor vehicle fuel was sold in the 21-day period immediately preceding a sale of the motor vehicle fuel. The substitute amendment requires the Department of Agriculture, Trade and Consumer Protection to promulgate a rule defining "grossly exceeds." Under the substitute amendment, the attorney general investigates violations of, and enforces, the provisions of the substitute amendment.

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

SB358-ASA1, s. 1 Section 1. 100.26 (4m) of the statutes is amended to read:

SB358-ASA1,2,3 100.26 (4m) Any person who violates s. 100.18 (10r) or 100.55 is subject to a civil forfeiture of not less than $100 nor more than $10,000 for each violation.

SB358-ASA1, s. 2 Section 2. 100.55 of the statutes is created to read:

SB358-ASA1,2,9 100.55 Grossly excessive prices for motor vehicle fuel prohibited. (1) No person may charge a wholesale or retail price for motor vehicle fuel that grossly exceeds the price at which motor vehicle fuel is sold by another or that grossly exceeds the average price at which motor vehicle fuel was sold in the 21-day period immediately preceding a sale of the motor vehicle fuel.

SB358-ASA1,2,11 (2) The department shall promulgate a rule defining "grossly exceeds" for purposes of sub. (1).

SB358-ASA1,2,13 (3) The attorney general shall investigate violations of, and enforce, this section.

SB358-ASA1, s. 3 Section 3. Nonstatutory provisions.

SB358-ASA1,3,3 (1) Emergency rule. Using the procedure under section 227.24 of the statutes, the department of agriculture, trade and consumer protection shall promulgate the rule described under section 100.55 (2) of the statutes, as created by this act, for the period before the permanent rules become effective. Notwithstanding section 227.24 (2) (a) of the statutes, the joint committee for review of administrative rules may extend the effective period of the emergency rule promulgated under this subsection by the department of agriculture, trade and consumer protection, for periods specified by the committee and may grant any number of extensions, except that the committee may not extend the effective period of the rules beyond April 1, 2008. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department of agriculture, trade and consumer protection is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for the rule promulgated under this subsection.

SB358-ASA1,3,4 (End)