LRB-0915/1
MGD:cmh:jf
2003 - 2004 LEGISLATURE
October 15, 2003 - Introduced by Representatives Schneider, Hahn, Gronemus
and Boyle. Referred to Committee on Small Business.
AB580,1,2 1An Act to create 943.29 of the statutes; relating to: fuel price gouging and
2providing a penalty.
Analysis by the Legislative Reference Bureau
Effective February 1, 2003, this bill prohibits a retail or wholesale seller of
petroleum-based fuel (such as gasoline, diesel fuel, propane, or liquefied petroleum
gas) from increasing the fuel's price by more than the amount of any increase in the
price that the person paid in acquiring the fuel or by more than the amount of any
concurrent increase in the person's production, distribution, or operating costs. A
person who violates this prohibition may be fined not more than $25,000, imprisoned
for not more than 12.5 years, or both.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB580, s. 1 3Section 1. 943.29 of the statutes is created to read:
AB580,2,3
1943.29 Fuel price gouging. (1) In this section, "fuel" means gasoline, diesel
2fuel, fuel oil, kerosene, propane, liquefied petroleum gas, or any other
3petroleum-based product that is used for heating or providing power.
AB580,2,5 4(2) Any person engaged in the business of selling fuel at retail or wholesale who
5intentionally does any of the following is guilty of a Class F felony:
AB580,2,76 (a) Increases the price of the fuel by an amount that exceeds any concurrent
7increase in the price paid by the person to acquire the fuel.
AB580,2,108 (b) Increases the price of the fuel by an amount that exceeds any concurrent
9increase in production, distribution, or operating costs that are incurred by the
10person and that are related to the fuel being sold.
AB580, s. 2 11Section 2. Effective date.
AB580,2,1312 (1) This act takes effect on February 1, 2003, or on the day after publication,
13whichever is later.
AB580,2,1414 (End)
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