Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB888 Compare Versions

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 888
5	5	January 5, 2024 - Introduced by Senators HUTTON and STROEBEL, cosponsored by
6	6	Representatives MAXEY, MICHALSKI, BODDEN, ALLEN, MURPHY, NEYLON,
7	7	O'CONNOR, PENTERMAN, RETTINGER and SCHMIDT. Referred to Committee on
8	8	Shared Revenue, Elections and Consumer Protection.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to repeal 20.115 (1) (r), 100.26 (9), 100.30 and 100.33 (1) (g); to
11	11	renumber 100.51 (1) (a) and 951.10 (1); to amend 100.201 (2) (h) 5., 100.264
12	12	(2) (intro.), 100.33 (1) (c), 100.33 (1) (h), 100.51 (6) (a), 134.04 (1), 139.39 (3),
13	13	814.04 (intro.) and 951.10 (2); and to create 100.33 (1) (em), 100.51 (1) (ag) and
14	14	951.10 (1g) of the statutes; relating to: eliminating minimum markup
15	15	requirements and the prohibition on sales below cost.
16	16	Analysis by the Legislative Reference Bureau
17	17	This bill repeals the Unfair Sales Act, also known as the “minimum markup”
18	18	law.
19	19	This state's Unfair Sales Act 1) prohibits below-cost sales of any merchandise,
20	20	if the sale is intended to induce the purchase of other merchandise or divert trade
21	21	unfairly from a competitor; and 2) requires a “minimum markup” (a specified amount
22	22	over the cost of the merchandise to the seller) to be added to sales of motor vehicle
23	23	fuel, tobacco products, fermented malt beverages, liquor, or wine.
24	24	For further information see the state fiscal estimate, which will be printed as
25	25	an appendix to this bill.
26	26	The people of the state of Wisconsin, represented in senate and assembly, do
27	27	enact as follows:
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35	35	SECTION 1 SENATE BILL 888
36	36	SECTION 1. 20.115 (1) (r) of the statutes is repealed.
37	37	SECTION 2. 100.201 (2) (h) 5. of the statutes is amended to read:
38	38	100.201 (2) (h) 5. This paragraph shall also apply to any retailer who owns,
39	39	operates, or otherwise contracts for, directly or indirectly, facilities for
40	40	manufacturing or processing any selected dairy product, and to the cost of a selected
41	41	dairy product, as defined in this paragraph, shall be added both the wholesale and
42	42	retail markup as provided in s. 100.30.
43	43	SECTION 3. 100.26 (9) of the statutes is repealed.
44	44	SECTION 4. 100.264 (2) (intro.) of the statutes is amended to read:
45	45	100.264 (2) SUPPLEMENTAL FORFEITURE. (intro.) If a fine or a forfeiture is
46	46	imposed on a person for a violation under ch. 136 or 707 or s. 100.16, 100.17, 100.171,
47	47	100.174, 100.18, 100.182, 100.183, 100.195, 100.20, 100.203, 100.205, 100.207,
48	48	100.209, 100.21, 100.30 (3), 100.313, 100.315, 100.35, 100.44, 100.46, 100.52,
49	49	100.525, 100.55, 100.57, 100.65, 134.71, 134.72, 134.73, 134.87, 344.574, 344.576 (1),
50	50	(2), or (3) (a) or (b), 344.577, or 344.578, or a provision of ch. 704 or 846 for which the
51	51	department has rule-making, investigation, or enforcement authority, or a rule
52	52	promulgated under one of those sections, chapters, or provisions, the person shall be
53	53	subject to a supplemental forfeiture not to exceed $10,000 for that violation if the
54	54	conduct by the defendant, for which the violation was imposed, was perpetrated
55	55	against an elderly person or disabled person and if the court finds that any of the
56	56	following factors is present:
57	57	SECTION 5. 100.30 of the statutes is repealed.
58	58	SECTION 6. 100.33 (1) (c) of the statutes is amended to read:
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84	84	SECTION 6
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86	86	100.33 (1) (c) “Plastic container" means an individual, separate, rigid plastic
87	87	bottle, can, jar, or carton, except for a blister pack, that is originally used to contain
88	88	a product that is the subject of a retail sale, as defined under s. 100.30 (2) (h).
89	89	SECTION 7. 100.33 (1) (em) of the statutes is created to read:
90	90	100.33 (1) (em) “Retail sale" and “sale at retail" mean a transfer for valuable
91	91	consideration, made in the ordinary course of trade or in the usual conduct of a
92	92	retailer's business, of title to tangible personal property to the purchaser for
93	93	consumption or use other than resale or further processing or manufacturing.
94	94	SECTION 8. 100.33 (1) (g) of the statutes is repealed.
95	95	SECTION 9. 100.33 (1) (h) of the statutes is amended to read:
96	96	100.33 (1) (h) “Sales Sale at wholesale" has the meaning given in s. 100.30 (2)
97	97	(i) includes any transfer for valuable consideration made in the ordinary course of
98	98	trade or in the usual conduct of a wholesaler's business, of title to tangible personal
99	99	property to the purchaser for purposes of resale or further processing or
100	100	manufacturing.
101	101	SECTION 10. 100.51 (1) (a) of the statutes is renumbered 100.51 (1) (ar).
102	102	SECTION 11. 100.51 (1) (ag) of the statutes is created to read:
103	103	100.51 (1) (ag) “Average posted terminal price” means the average posted rack
104	104	price, as published by a petroleum price reporting service, at which motor vehicle fuel
105	105	is offered for sale at the close of business on the determination date by all refiners
106	106	and wholesalers of motor vehicle fuel at a terminal plus any excise, sales, or use taxes
107	107	imposed on the motor vehicle fuel or on its sale, any cost incurred for transportation,
108	108	and any other charges that are not otherwise included in the average posted rack
109	109	price. In this paragraph, “average" means the arithmetic mean.
110	110	SECTION 12. 100.51 (6) (a) of the statutes is amended to read:
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137	137	SECTION 12 SENATE BILL 888
138	138	100.51 (6) (a) A motor fuel grantor that provides gasoline to a motor fuel dealer
139	139	under a motor fuel dealership agreement shall offer gasoline to the motor fuel dealer
140	140	that is not blended with ethanol and that is suitable for subsequent blending with
141	141	ethanol and for resale. For purposes of this subsection, gasoline that is not blended
142	142	with ethanol is not suitable for subsequent sale if the price charged for the unblended
143	143	gasoline by the motor fuel grantor does not fairly reflect the average posted terminal
144	144	price, as defined in s. 100.30 (2) (a).
145	145	SECTION 13. 134.04 (1) of the statutes is amended to read:
146	146	134.04 (1) No person, firm, or corporation engaged in any enterprise in this
147	147	state shall by any method or procedure directly or indirectly by itself or through a
148	148	subsidiary agency owned or controlled in whole or in part by such person, firm, or
149	149	corporation, sell or procure for sale or have in its possession or under its control for
150	150	sale to its employees or any person any article, material, product, or merchandise of
151	151	whatsoever nature not of the person's, firm's, or corporation's production or not
152	152	handled in the person's, firm's, or corporation's regular course of trade, excepting
153	153	meals, candy bars, cigarettes, and tobacco for the exclusive use and consumption of
154	154	such employees of the employer, and excepting tools used by employees in said
155	155	enterprise and such specialized appliances and paraphernalia as may be required in
156	156	said enterprise for the employees' safety or health and articles used by employees or
157	157	other persons which insure better sanitary conditions and quality in the
158	158	manufacture of food or food products. The provisions of this subsection shall not
159	159	apply to lumber producers, loggers, and dealers nor to any cooperative association
160	160	organized under ch. 185 or 193. This section shall not be construed as authorizing
161	161	the sale of any merchandise at less than cost as defined in s. 100.30.
162	162	SECTION 14. 139.39 (3) of the statutes is amended to read:
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190	190	SECTION 14
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192	192	139.39 (3) The secretary may suspend or revoke the permit of any permittee
193	193	who violates ss. 100.30 or 139.30 to 139.44 or any rules adopted under sub. (1). The
194	194	secretary shall revoke the permit of any permittee who violates s. 100.30 3 or more
195	195	times within a 5-year period.
196	196	SECTION 15. 814.04 (intro.) of the statutes is amended to read:
197	197	814.04 Items of costs. (intro.) Except as provided in ss. 93.20, 100.195 (5m)
198	198	(b), 100.30 (5m), 106.50 (6) (i) and (6m) (a), 115.80 (9), 767.553 (4) (d), 769.313,
199	199	802.05, 814.245, 895.035 (4), 895.044, 895.443 (3), 895.444 (2), 895.445 (3), 895.446
200	200	(3), 895.506, 943.212 (2) (b), 943.245 (2) (d), 943.51 (2) (b), and 995.10 (3), when
201	201	allowed costs shall be as follows:
202	202	SECTION 16. 951.10 (1) of the statutes is renumbered 951.10 (1r).
203	203	SECTION 17. 951.10 (1g) of the statutes is created to read:
204	204	951.10 (1g) In this section, “retailer" includes every person engaged in the
205	205	business of making sales at retail within this state, but, in the case of a person
206	206	engaged in the business of selling both at retail and at wholesale, such term shall be
207	207	applied only to the retail portion of such business.
208	208	SECTION 18. 951.10 (2) of the statutes is amended to read:
209	209	951.10 (2) No retailer, as defined in s. 100.30 (2) (e), may sell, offer for sale,
210	210	barter, or give away living baby rabbits, baby chicks, ducklings, or other fowl under
211	211	2 months of age in any quantity less than 6 unless in the business of selling these
212	212	animals for agricultural, wildlife, or scientific purposes.
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