SB414: Bill Text

SB414, s. 7 Section 7. 100.30 (2) (cg) of the statutes is created to read:

SB414,7,19 100.30 (2) (cg) 1. Except as provided in subd. 2., "determination date" is the day preceding the day of the sale of motor vehicle fuel by a retailer or wholesaler of motor vehicle fuel.

SB414,7,25 2. If a retailer or a wholesaler of motor vehicle fuel sells motor vehicle fuel on a day other than the day on which the retailer or wholesaler of motor vehicle fuel last purchased any motor vehicle fuel and the sale of the motor vehicle fuel by the retailer or wholesaler of motor vehicle fuel occurs no later than 10 days after its last purchase by the retailer or wholesaler of motor vehicle fuel, "determination date" means any of the following dates selected by the retailer or the wholesaler of motor vehicle fuel:

SB414,8,2 a. The day preceding the day of the sale of motor vehicle fuel by the retailer or wholesaler of motor vehicle fuel.

SB414,8,4 b. The day on which motor vehicle fuel was last purchased by the retailer or wholesaler of motor vehicle fuel.

SB414, s. 8 Section 8. 100.30 (2) (cm) of the statutes is created to read:

SB414,8,8 100.30 (2) (cm) "Refiner" means a manufacturer, producer or refiner of motor vehicle fuel or a person who purchases motor vehicle fuel for sale to wholesalers of motor vehicle fuel.

SB414, s. 9 Section 9. 100.30 (2) (d) of the statutes is amended to read:

SB414,8,14 100.30 (2) (d) "Replacement cost" means the cost computed as specified in par. (a) or (am), (c) or (cb) 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.

SB414, s. 10 Section 10. 100.30 (2) (j) of the statutes is created to read:

SB414,8,19 100.30 (2) (j) "Terminal" means a motor vehicle fuel storage and distribution facility that is supplied by a pipeline or marine vessel, from which facility motor vehicle fuel may be removed at a rack and from which facility at least 5 refiners sell motor vehicle fuel

SB414, s. 11 Section 11. 100.30 (2) (L) (intro.) of the statutes is amended to read:

SB414,8,24 100.30 (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:

SB414, s. 12 Section 12. 100.30 (2) (m) of the statutes is created to read:

SB414,9,1 100.30 (2) (m) "Wholesaler of motor vehicle fuel" includes all of the following:

SB414,9,4 1. Every person who acquires motor vehicle fuel from a refiner, stores the motor vehicle fuel and sells it through 5 or more retail outlets that the person owns or operates.

SB414,9,6 2. Every person who acquires motor vehicle fuel from a refiner and stores it in a bulk storage facility other than a retail station for further sale and distribution.

SB414,9,8 3. Every person engaged in the business of making sales of motor vehicle fuel at wholesale within this state.

SB414,9,14 4. Every person engaged in the business of selling diesel fuel if that person's sales of diesel fuel accounted for at least 60% of that person's total sales of motor vehicle fuel in the previous year or, if that person did not engage in the business of selling diesel fuel in the previous year, if that person reasonably anticipates that sales of diesel fuel will account for at least 60% of that person's total sales of motor vehicle fuel in the current year.

SB414, s. 13 Section 13. 100.30 (2m) (a) of the statutes is amended to read:

SB414,9,20 100.30 (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, or are so advertised, all items shall be included in determining cost under sub. (2) (a) or (am), (c) or (cb); and if any of the items included therein are separately priced, such separate price shall be subject to the requirements of this section.

SB414, s. 14 Section 14. 100.30 (2m) (b) of the statutes is amended to read:

SB414,9,25 100.30 (2m) (b) 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) (a) (am) 1. and 2.; and if that retailer is a manufacturer or producer, both sub. (2) (a) (am) 1. and 2. and (c) 1. and 2. 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) (a) (am) 1. and 2. and (c) 1. and 2.

SB414, s. 15 Section 15. 100.30 (3) of the statutes is amended to read:

SB414,10,14 100.30 (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 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 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 to unfairly divert trade from a competitor, or to otherwise injure a competitor.

SB414, s. 16 Section 16. 100.30 (4m) of the statutes is created to read:

SB414,10,22 100.30 (4m) Liability. Any person who violates this section is liable, and every partner, officer or director of the person is liable jointly and severally with and to the same extent as the person, unless the person liable under this subsection proves that he or she did not know, and in the exercise of reasonable care could not have known, of the existence of the facts by reason of which the liability is alleged to exist. A person who is liable under this subsection may obtain contribution as in cases of contract from any other person who is liable under this subsection.

SB414, s. 17 Section 17. 100.30 (5) (a) of the statutes is amended to read:

SB414,11,7 100.30 (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 retailer or wholesaler 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.

SB414, s. 18 Section 18. 100.30 (5m) of the statutes is created to read:

SB414,11,17 100.30 (5m) Private cause of action. Any person who is injured or threatened with injury as a result of a sale or purchase of motor vehicle fuel in violation of sub. (3) may bring an action against the person who violated sub. (3) for temporary or permanent injunctive relief or an action against the person for 3 times the amount of any monetary loss sustained or an amount equal to $2,000, whichever is greater, multiplied by each day of continued violation, together with costs, including accounting fees and reasonable attorney fees, notwithstanding s. 814.04 (1). An action under this subsection may not be brought after 180 days after the date of a violation of sub. (3).

SB414, s. 19 Section 19. 100.30 (6) (a) 7. of the statutes is amended to read:

SB414,11,22 100.30 (6) (a) 7. The price of merchandise, other than motor vehicle fuel, 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 in the form of an advertisement, proof of sale or receipted purchase.

SB414, s. 20 Section 20. 100.30 (6) (a) 9. of the statutes is created to read:

SB414,11,25 100.30 (6) (a) 9. Motor vehicle fuel is sold by a refiner to a wholesaler of motor vehicle fuel, who may sell the motor vehicle fuel at either retail or wholesale.

SB414, s. 21 Section 21. 100.30 (6) (a) 10. of the statutes is created to read:

SB414,12,7 100.30 (6) (a) 10. The price of motor vehicle fuel is identical to the price of the same merchandise sold by a direct competitor at not less than the competitor's cost to retailer or cost to wholesaler of motor vehicle fuel, whichever is applicable, on the same day, is established in good faith to meet the competitor's price and is based on evidence in the possession of the retailer or wholesaler of motor vehicle fuel in the form of an advertisement, proof of sale or receipted purchase.

SB414, s. 22 Section 22. 100.33 (1) (h) of the statutes is repealed and recreated to read:

SB414,12,12 100.33 (1) (h) "Sales at wholesale" includes any transfer, for a valuable consideration made in ordinary course of trade or the usual conduct of the wholesaler's business, of title to tangible personal property to the purchaser for purposes of resale or further processing or manufacturing.

SB414, s. 23 Section 23. 814.04 (intro.) of the statutes, as affected by 1995 Wisconsin Acts 24 and 27, section 7147x, is amended to read:

SB414,12,18 814.04 Items of costs. (intro.) Except as provided in ss. 93.20, 100.30 (5m), 101.22 (6) (i) and (6m) (a), 769.313, 814.025, 814.245, 895.035 (4) and (4m), 895.75 (3), 895.77 (2), 895.80 (3), 943.212 (2) (b), 943.245 (2) (d) and 943.51 (2) (b), when allowed costs shall be as follows:

SB414, s. 24 Section 24. 814.04 (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, section 7148c, is repealed and recreated to read:

SB414,12,24 814.04 Items of costs. (intro.) Except as provided in ss. 93.20, 100.30 (5m), 106.04 (6) (i) and (6m) (a), 769.313, 814.025, 814.245, 895.035 (4) and (4m), 895.75 (3), 895.77 (2), 895.80 (3), 943.212 (2) (b), 943.245 (2) (d) and 943.51 (2) (b), when allowed costs shall be as follows:

SB414, s. 25 Section 25. Initial applicability.

SB414,13,2 (1)  This act first applies to violations of section 100.30 (3) of the statutes that occur on the effective date of this subsection.

SB414, s. 26 Section 26. Effective date.

SB414,13,5 (1) The repeal and recreation of section 814.04 (intro.) of the statutes takes effect on July 1, 1996, or on the day after of publication, whichever is later.

SB414,13,6 (End)