AB283,9,4
1100.30 (2) (j) "Terminal" means a motor vehicle fuel storage and distribution
2facility that is supplied by a pipeline or marine vessel, from which facility motor
3vehicle fuel may be removed at a rack and from which facility at least 5 refiners sell
4motor vehicle fuel
AB283, s. 12 5Section 12. 100.30 (2) (L) (intro.) of the statutes is amended to read:
AB283,9,96 100.30 (2) (L) (intro.) "Wholesaler" includes every person holding a permit as
7a multiple retailer under s. 139.30 (8) and every person engaged in the business of
8making sales at wholesale, other than sales of motor vehicle fuel at wholesale, within
9this state except as follows:
AB283, s. 13 10Section 13. 100.30 (2) (m) of the statutes is created to read:
AB283,9,1111 100.30 (2) (m) "Wholesaler of motor vehicle fuel" includes all of the following:
AB283,9,1412 1. Every person who acquires motor vehicle fuel from a refiner, stores the motor
13vehicle fuel and sells it through 5 or more retail outlets that the person owns or
14operates.
AB283,9,1615 2. Every person who acquires motor vehicle fuel from a refiner and stores it in
16a bulk storage facility other than a retail station for further sale and distribution.
AB283,9,1817 3. Every person engaged in the business of making sales of motor vehicle fuel
18at wholesale within this state.
AB283,9,2419 4. Every person engaged in the business of selling diesel fuel if that person's
20sales of diesel fuel accounted for at least 60% of that person's total sales of motor
21vehicle fuel in the previous year or, if that person did not engage in the business of
22selling diesel fuel in the previous year, if that person reasonably anticipates that
23sales of diesel fuel will account for at least 60% of that person's total sales of motor
24vehicle fuel in the current year.
AB283, s. 14 25Section 14. 100.30 (2m) (a) of the statutes is amended to read:
AB283,10,5
1100.30 (2m) (a) When one or more items of merchandise are furnished or sold
2in combination with or on condition of the purchase of one or more other items, or are
3so advertised, all items shall be included in determining cost under sub. (2) (a) or
4(am), (c) or (cb); and if any of the items included therein are separately priced, such
5separate price shall be subject to the requirements of this section.
AB283, s. 15 6Section 15. 100.30 (2m) (b) of the statutes is amended to read:
AB283,10,137 100.30 (2m) (b) Any retailer who also sells to other retailers shall use the
8invoice cost to other retailers in computing the selling price at retail under sub. (2)
9(a) (am) 1. and 2.; and if that retailer is a manufacturer or producer, both sub. (2) (a)
10(am) 1. and 2. and (c) 1. and 2. shall be used in computing the selling price at retail.
11In the absence of sales to other retailers, the manufacturer's or producer's invoice
12cost to wholesalers shall be used in computing the manufacturer's or producer's
13selling price at retail as provided in sub. (2) (a) (am) 1. and 2. and (c) 1. and 2.
AB283, s. 16 14Section 16. 100.30 (3) of the statutes is amended to read:
AB283,10,2415 100.30 (3) Illegality of loss leaders. Any sale of any item of merchandise
16either by a retailer or, wholesaler, wholesaler of motor vehicle fuel or refiner, at less
17than cost as defined in this section with the intent or effect of inducing the purchase
18of other merchandise or of unfairly diverting trade from a competitor, impairs and
19prevents fair competition, injures public welfare and is unfair competition and
20contrary to public policy and the policy of this section. Such sales are prohibited.
21Evidence of any sale of any item of merchandise by any retailer or wholesaler at less
22than cost as defined in this section shall be prima facie evidence of intent or effect
23to induce the purchase of other merchandise, or to unfairly divert trade from a
24competitor, or to otherwise injure a competitor.
AB283, s. 17 25Section 17. 100.30 (4m) of the statutes is created to read:
AB283,11,7
1100.30 (4m) Liability. Any person who violates this section is liable, and every
2partner, officer or director of the person is liable jointly and severally with and to the
3same extent as the person, unless the person liable under this subsection proves that
4he or she did not know, and in the exercise of reasonable care could not have known,
5of the existence of the facts by reason of which the liability is alleged to exist. A
6person who is liable under this subsection may obtain contribution as in cases of
7contract from any other person who is liable under this subsection.
AB283, s. 18 8Section 18. 100.30 (5) (a) of the statutes is amended to read:
AB283,11,179 100.30 (5) (a) The department may issue a special order as provided in s. 93.18
10against a retailer or, wholesaler, wholesaler of motor vehicle fuel or refiner requiring
11the retailer or wholesaler person to cease and desist from violating this section in the
12sale of cigarettes or other tobacco products, fermented malt beverages, intoxicating
13liquor or wine or motor vehicle fuel. The department or a district attorney may
14commence an action on behalf of the state against a retailer or, wholesaler,
15wholesaler of motor vehicle fuel or refiner
who violates a special order issued under
16this paragraph to recover a forfeiture of not less than $200 nor more than $5,000 for
17each violation.
AB283, s. 19 18Section 19. 100.30 (5m) of the statutes is created to read:
AB283,12,219 100.30 (5m) Private cause of action. Any person who is injured or threatened
20with injury as a result of a sale or purchase of motor vehicle fuel in violation of sub.
21(3) may bring an action against the person who violated sub. (3) for temporary or
22permanent injunctive relief or an action against the person for 3 times the amount
23of any monetary loss sustained or an amount equal to $2,000, whichever is greater,
24multiplied by each day of continued violation, together with costs, including
25accounting fees and reasonable attorney fees, notwithstanding s. 814.04 (1). An

1action under this subsection may not be brought after 180 days after the date of a
2violation of sub. (3).
AB283, s. 20 3Section 20. 100.30 (6) (a) 7. of the statutes is amended to read:
AB283,12,74 100.30 (6) (a) 7. The price of merchandise, other than motor vehicle fuel, is
5made in good faith to meet an existing price of a competitor and is based on evidence
6in the possession of the retailer or wholesaler in the form of an advertisement, proof
7of sale or receipted purchase.
AB283, s. 21 8Section 21. 100.30 (6) (a) 9. of the statutes is created to read:
AB283,12,109 100.30 (6) (a) 9. Motor vehicle fuel is sold by a refiner to a wholesaler of motor
10vehicle fuel, who may sell the motor vehicle fuel at either retail or wholesale.
AB283, s. 22 11Section 22. 100.30 (6) (a) 10. of the statutes is created to read:
AB283,12,1712 100.30 (6) (a) 10. The price of motor vehicle fuel is identical to the price of the
13same merchandise sold by a direct competitor at not less than the competitor's cost
14to retailer or cost to wholesaler of motor vehicle fuel, whichever is applicable, on the
15same day, is established in good faith to meet the competitor's price and is based on
16evidence in the possession of the retailer or wholesaler of motor vehicle fuel in the
17form of an advertisement, proof of sale or receipted purchase.
AB283, s. 23 18Section 23. 100.33 (1) (h) of the statutes is repealed and recreated to read:
AB283,12,2219 100.33 (1) (h) "Sales at wholesale" includes any transfer, for a valuable
20consideration made in ordinary course of trade or the usual conduct of the
21wholesaler's business, of title to tangible personal property to the purchaser for
22purposes of resale or further processing or manufacturing.
AB283, s. 24 23Section 24. 814.04 (intro.) of the statutes is amended to read:
AB283,13,2 24814.04Items of costs. (intro.) Except as provided in ss. 93.20, 100.30 (5m),
25106.04 (6) (i) and (6m) (a), 769.313, 814.025, 814.245, 895.035 (4), 895.75 (3), 895.77

1(2), 895.79 (3), 895.80 (3), 943.212 (2) (b), 943.245 (2) (d) and 943.51 (2) (b), when
2allowed costs shall be as follows:
AB283, s. 25 3Section 25. Initial applicability.
AB283,13,54 (1) This act first applies to violations of section 100.30 (3) of the statutes that
5occur on the effective date of this subsection.
AB283,13,66 (End)
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