LRB-5364/1
MDE:amn
2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 988
January 25, 2024 - Introduced by Representatives MAXEY, MICHALSKI, BODDEN,
ALLEN, MURPHY, NEYLON, O'CONNOR, PENTERMAN, RETTINGER, SCHMIDT and
BRANDTJEN, cosponsored by Senators HUTTON and STROEBEL. Referred to
Committee on State Affairs.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to repeal 20.115 (1) (r), 100.26 (9), 100.30 and 100.33 (1) (g); to
renumber 100.51 (1) (a) and 951.10 (1); to amend 100.201 (2) (h) 5., 100.264
(2) (intro.), 100.33 (1) (c), 100.33 (1) (h), 100.51 (6) (a), 134.04 (1), 139.39 (3),
814.04 (intro.) and 951.10 (2); and to create 100.33 (1) (em), 100.51 (1) (ag) and
951.10 (1g) of the statutes; relating to: eliminating minimum markup
requirements and the prohibition on sales below cost.
Analysis by the Legislative Reference Bureau
This bill repeals the Unfair Sales Act, also known as the “minimum markup”
law.
This state's Unfair Sales Act 1) prohibits below-cost sales of any merchandise,
if the sale is intended to induce the purchase of other merchandise or divert trade
unfairly from a competitor; and 2) requires a “minimum markup” (a specified amount
over the cost of the merchandise to the seller) to be added to sales of motor vehicle
fuel, tobacco products, fermented malt beverages, liquor, or wine.
For further information see the state 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:
1
2
3
4
5
6 - 2 -2023 - 2024 Legislature LRB-5364/1
MDE:amn
SECTION 1 ASSEMBLY BILL 988
SECTION 1. 20.115 (1) (r) of the statutes is repealed.
SECTION 2. 100.201 (2) (h) 5. of the statutes is amended to read:
100.201 (2) (h) 5. This paragraph shall also apply to any retailer who owns,
operates, or otherwise contracts for, directly or indirectly, facilities for
manufacturing or processing any selected dairy product, and to the cost of a selected
dairy product, as defined in this paragraph, shall be added both the wholesale and
retail markup as provided in s. 100.30.
SECTION 3. 100.26 (9) of the statutes is repealed.
SECTION 4. 100.264 (2) (intro.) of the statutes is amended to read:
100.264 (2) SUPPLEMENTAL FORFEITURE. (intro.) If a fine or a forfeiture is
imposed on a person for a violation under ch. 136 or 707 or s. 100.16, 100.17, 100.171,
100.174, 100.18, 100.182, 100.183, 100.195, 100.20, 100.203, 100.205, 100.207,
100.209, 100.21, 100.30 (3), 100.313, 100.315, 100.35, 100.44, 100.46, 100.52,
100.525, 100.55, 100.57, 100.65, 134.71, 134.72, 134.73, 134.87, 344.574, 344.576 (1),
(2), or (3) (a) or (b), 344.577, or 344.578, or a provision of ch. 704 or 846 for which the
department has rule-making, investigation, or enforcement authority, or a rule
promulgated under one of those sections, chapters, or provisions, the person shall be
subject to a supplemental forfeiture not to exceed $10,000 for that violation if the
conduct by the defendant, for which the violation was imposed, was perpetrated
against an elderly person or disabled person and if the court finds that any of the
following factors is present:
SECTION 5. 100.30 of the statutes is repealed.
SECTION 6. 100.33 (1) (c) of the statutes is amended to read:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23 - 3 -2023 - 2024 Legislature
LRB-5364/1
MDE:amn
SECTION 6
ASSEMBLY BILL 988
100.33 (1) (c) “Plastic container" means an individual, separate, rigid plastic
bottle, can, jar, or carton, except for a blister pack, that is originally used to contain
a product that is the subject of a retail sale, as defined under s. 100.30 (2) (h).
SECTION 7. 100.33 (1) (em) of the statutes is created to read:
100.33 (1) (em) “Retail sale" and “sale at retail" mean a transfer for valuable
consideration, made in the ordinary course of trade or in the usual conduct of a
retailer's business, of title to tangible personal property to the purchaser for
consumption or use other than resale or further processing or manufacturing.
SECTION 8. 100.33 (1) (g) of the statutes is repealed.
SECTION 9. 100.33 (1) (h) of the statutes is amended to read:
100.33 (1) (h) “Sales Sale at wholesale" has the meaning given in s. 100.30 (2)
(i) includes any transfer for valuable consideration made in the ordinary course of
trade or in the usual conduct of a wholesaler's business, of title to tangible personal
property to the purchaser for purposes of resale or further processing or
manufacturing.
SECTION 10. 100.51 (1) (a) of the statutes is renumbered 100.51 (1) (ar).
SECTION 11. 100.51 (1) (ag) of the statutes is created to read:
100.51 (1) (ag) “Average posted terminal price” means the average posted rack
price, as published by a petroleum price reporting service, at which motor vehicle fuel
is offered for sale at the close of business on the determination date by all refiners
and wholesalers of motor vehicle fuel at a terminal plus any excise, sales, or use taxes
imposed on the motor vehicle fuel or on its sale, any cost incurred for transportation,
and any other charges that are not otherwise included in the average posted rack
price. In this paragraph, “average" means the arithmetic mean.
SECTION 12. 100.51 (6) (a) of the statutes is amended to read:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 - 4 -2023 - 2024 Legislature LRB-5364/1
MDE:amn
SECTION 12 ASSEMBLY BILL 988
100.51 (6) (a) A motor fuel grantor that provides gasoline to a motor fuel dealer
under a motor fuel dealership agreement shall offer gasoline to the motor fuel dealer
that is not blended with ethanol and that is suitable for subsequent blending with
ethanol and for resale. For purposes of this subsection, gasoline that is not blended
with ethanol is not suitable for subsequent sale if the price charged for the unblended
gasoline by the motor fuel grantor does not fairly reflect the average posted terminal
price, as defined in s. 100.30 (2) (a).
SECTION 13. 134.04 (1) of the statutes is amended to read:
134.04 (1) No person, firm, or corporation engaged in any enterprise in this
state shall by any method or procedure directly or indirectly by itself or through a
subsidiary agency owned or controlled in whole or in part by such person, firm, or
corporation, sell or procure for sale or have in its possession or under its control for
sale to its employees or any person any article, material, product, or merchandise of
whatsoever nature not of the person's, firm's, or corporation's production or not
handled in the person's, firm's, or corporation's regular course of trade, excepting
meals, candy bars, cigarettes, and tobacco for the exclusive use and consumption of
such employees of the employer, and excepting tools used by employees in said
enterprise and such specialized appliances and paraphernalia as may be required in
said enterprise for the employees' safety or health and articles used by employees or
other persons which insure better sanitary conditions and quality in the
manufacture of food or food products. The provisions of this subsection shall not
apply to lumber producers, loggers, and dealers nor to any cooperative association
organized under ch. 185 or 193. This section shall not be construed as authorizing
the sale of any merchandise at less than cost as defined in s. 100.30.
SECTION 14. 139.39 (3) of the statutes is amended to read:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 - 5 -2023 - 2024 Legislature
LRB-5364/1
MDE:amn
SECTION 14
ASSEMBLY BILL 988
139.39 (3) The secretary may suspend or revoke the permit of any permittee
who violates ss. 100.30 or 139.30 to 139.44 or any rules adopted under sub. (1). The
secretary shall revoke the permit of any permittee who violates s. 100.30 3 or more
times within a 5-year period.
SECTION 15. 814.04 (intro.) of the statutes is amended to read:
814.04 Items of costs. (intro.) Except as provided in ss. 93.20, 100.195 (5m)
(b), 100.30 (5m), 106.50 (6) (i) and (6m) (a), 115.80 (9), 767.553 (4) (d), 769.313,
802.05, 814.245, 895.035 (4), 895.044, 895.443 (3), 895.444 (2), 895.445 (3), 895.446
(3), 895.506, 943.212 (2) (b), 943.245 (2) (d), 943.51 (2) (b), and 995.10 (3), when
allowed costs shall be as follows:
SECTION 16. 951.10 (1) of the statutes is renumbered 951.10 (1r).
SECTION 17. 951.10 (1g) of the statutes is created to read:
951.10 (1g) In this section, “retailer" includes every person engaged in the
business of making sales at retail within this state, but, in the case of a person
engaged in the business of selling both at retail and at wholesale, such term shall be
applied only to the retail portion of such business.
SECTION 18. 951.10 (2) of the statutes is amended to read:
951.10 (2) No retailer, as defined in s. 100.30 (2) (e), may sell, offer for sale,
barter, or give away living baby rabbits, baby chicks, ducklings, or other fowl under
2 months of age in any quantity less than 6 unless in the business of selling these
animals for agricultural, wildlife, or scientific purposes.
(END)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22