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2015 - 2016 LEGISLATURE
November 6, 2015 - Introduced by Senators Vukmir, Darling, Nass and Stroebel,
cosponsored by Representatives J. Ott, Murphy, Brandtjen, Craig, Hutton,
Jacque, Kleefisch, Kooyenga, Kremer, Petersen, Skowronski and Allen.
Referred to Committee on Economic Development and Commerce.
SB371,1,5 1An Act to repeal 20.115 (1) (r), 100.26 (9) and 100.30; to renumber and amend
2951.10 (2); to amend 100.201 (2) (h) 5., 100.264 (2) (intro.), 100.33 (1) (c), 100.51
3(6) (a), 134.04 (1), 139.39 (3) and 814.04 (intro.); to repeal and recreate 100.33
4(1) (g) and 100.33 (1) (h); and to create 951.10 (2) (a) of the statutes; relating
the minimum price of merchandise sold at wholesale or retail.
Analysis by the Legislative Reference Bureau
This bill repeals the Unfair Sales Act, also called the minimum markup law,
which prohibits wholesale and retail sales of merchandise at a price below the cost
of the merchandise to the seller. For motor vehicle fuels, tobacco products, and
alcoholic beverages, the Unfair Sales Act includes formulas for calculating the cost
to the seller that add minimum markups from 3 to 9.18 percent to cover a portion of
the seller's cost of doing business.
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:
SB371,1 6Section 1. 20.115 (1) (r) of the statutes is repealed.
1Section 2. 100.201 (2) (h) 5. of the statutes is amended to read:
SB371,2,62 100.201 (2) (h) 5. This paragraph shall also apply applies to any retailer who
3owns, operates or otherwise contracts for, directly or indirectly, facilities for
4manufacturing or processing any selected dairy product, and to the cost of a selected
5dairy product, as defined in this paragraph, shall be added both the wholesale and
6retail markup as provided in s. 100.30
SB371,3 7Section 3. 100.26 (9) of the statutes is repealed.
SB371,4 8Section 4. 100.264 (2) (intro.) of the statutes is amended to read:
SB371,2,169 100.264 (2) Supplemental forfeiture. (intro.) If a fine or a forfeiture is
10imposed on a person for a violation under s. 100.16, 100.17, 100.18, 100.182, 100.183,
11100.20, 100.205, 100.207, 100.21, 100.30 (3), 100.35, 100.44 or 100.46 or a rule
12promulgated under one of those sections, the person shall be subject to a
13supplemental forfeiture not to exceed $10,000 for that violation if the conduct by the
14defendant, for which the violation was imposed, was perpetrated against an elderly
15person or disabled person and if the court finds that any of the following factors is
SB371,5 17Section 5. 100.30 of the statutes is repealed.
SB371,6 18Section 6. 100.33 (1) (c) of the statutes is amended to read:
SB371,2,2119 100.33 (1) (c) "Plastic container" means an individual, separate, rigid plastic
20bottle, can, jar or carton, except for a blister pack, that is originally used to contain
21a product that is the subject of a sale at retail sale, as defined under s. 100.30 (2) (h).
SB371,7 22Section 7. 100.33 (1) (g) of the statutes is repealed and recreated to read:
SB371,3,223 100.33 (1) (g) "Sale at retail" means any transfer for a valuable consideration,
24made in the ordinary course of trade or in the usual prosecution of the retailer's

1business, of title to tangible personal property to the purchaser for consumption or
2use other than resale or further processing or manufacturing.
SB371,8 3Section 8. 100.33 (1) (h) of the statutes is repealed and recreated to read:
SB371,3,74 100.33 (1) (h) "Sale at wholesale" includes any transfer for a valuable
5consideration made in ordinary course of trade or the usual conduct of the
6wholesaler's business, of title to tangible personal property to the purchaser for
7purposes of resale or further processing or manufacturing.
SB371,9 8Section 9. 100.51 (6) (a) of the statutes is amended to read:
SB371,3,159 100.51 (6) (a) A motor fuel grantor that provides gasoline to a motor fuel dealer
10under a motor fuel dealership agreement shall offer gasoline to the motor fuel dealer
11that is not blended with ethanol and that is suitable for subsequent blending with
12ethanol and for resale. For purposes of this subsection, gasoline that is not blended
13with ethanol is not suitable for subsequent sale if the price charged for the unblended
14gasoline by the motor fuel grantor does not fairly reflect the average posted terminal
15price, as defined in s. 100.30 (2) (a).
SB371,10 16Section 10. 134.04 (1) of the statutes is amended to read:
SB371,4,717 134.04 (1) No person, firm or corporation engaged in any enterprise in this
18state shall by any method or procedure directly or indirectly by itself or through a
19subsidiary agency owned or controlled in whole or in part by such person, firm or
20corporation, sell or procure for sale or have in its possession or under its control for
21sale to its employees or any person any article, material, product or merchandise of
22whatsoever nature not of the person's, firm's or corporation's production or not
23handled in the person's, firm's or corporation's regular course of trade, excepting
24meals, candy bars, cigarettes and tobacco for the exclusive use and consumption of
25such employees of the employer, and excepting tools used by employees in said

1enterprise and such specialized appliances and paraphernalia as may be required in
2said enterprise for the employees' safety or health and articles used by employees or
3other persons which insure better sanitary conditions and quality in the
4manufacture of food or food products. The provisions of this subsection shall not
5apply to lumber producers, loggers and dealers nor to any cooperative association
6organized under ch. 185 or 193. This section shall not be construed as authorizing
7the sale of any merchandise at less than cost as defined in s. 100.30.
SB371,11 8Section 11. 139.39 (3) of the statutes is amended to read:
SB371,4,129 139.39 (3) The secretary may suspend or revoke the permit of any permittee
10who violates ss. 100.30 or 139.30 to 139.44 or any rules adopted under sub. (1). The
11secretary shall revoke the permit of any permittee who violates s. 100.30 3 or more
12times within a 5-year period.
SB371,12 13Section 12. 814.04 (intro.) of the statutes is amended to read:
SB371,4,18 14814.04 Items of costs. (intro.) Except as provided in ss. 93.20, 100.195 (5m)
15(b), 100.30 (5m), 106.50 (6) (i) and (6m) (a), 115.80 (9), 767.553 (4) (d), 769.313,
16802.05, 814.245, 895.035 (4), 895.044, 895.443 (3), 895.444 (2), 895.445 (3), 895.446
17(3), 895.506, 943.212 (2) (b), 943.245 (2) (d), 943.51 (2) (b), and 995.10 (3), when
18allowed costs shall be as follows:
SB371,13 19Section 13. 951.10 (2) of the statutes is renumbered 951.10 (2) (b) and
20amended to read:
SB371,4,2421 951.10 (2) (b) No retailer, as defined in s. 100.30 (2) (e), may sell, offer for sale,
22barter or give away living baby rabbits, baby chicks, ducklings or other fowl under
232 months of age in any quantity less than 6 unless in the business of selling these
24animals for agricultural, wildlife or scientific purposes.
SB371,14 25Section 14. 951.10 (2) (a) of the statutes is created to read:
1951.10 (2) (a) In this subsection, "retailer" includes every person engaged in the
2business of making sales at retail within this state, but, in the case of a person
3engaged in the business of selling both at retail and at wholesale, such term shall be
4applied only to the retail portion of such business.
SB371,5,55 (End)