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2019 - 2020 LEGISLATURE
February 25, 2019 - Introduced by Senators Stroebel, Craig, Kapenga, Kooyenga,
Bernier, Jacque and Darling, cosponsored by Representatives Ott, Hutton,
Kuglitsch, Sortwell, Neylon, Brandtjen and Duchow. Referred to
Committee on Economic Development, Commerce and Trade.
SB51,1,6 1An Act to repeal 20.115 (1) (r), 100.26 (9), 100.30 and 100.33 (1) (g); to
100.51 (1) (a) and 951.10 (1); to amend 100.201 (2) (h) 5., 100.264
3(2) (intro.), 100.33 (1) (c), 100.33 (1) (h), 100.51 (6) (a), 134.04 (1), 139.39 (3),
4814.04 (intro.) and 951.10 (2); and to create 100.33 (1) (em), 100.51 (1) (ag) and
5951.10 (1g) of the statutes; relating to: eliminating minimum markup
6requirements 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”
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:
1Section 1. 20.115 (1) (r) of the statutes is repealed.
SB51,2 2Section 2. 100.201 (2) (h) 5. of the statutes is amended to read:
SB51,2,73 100.201 (2) (h) 5. This paragraph shall also apply to any retailer who owns,
4operates, or otherwise contracts for, directly or indirectly, facilities for
5manufacturing or processing any selected dairy product, and to the cost of a selected
6dairy product, as defined in this paragraph, shall be added both the wholesale and
7retail markup as provided in s. 100.30
SB51,3 8Section 3 . 100.26 (9) of the statutes is repealed.
SB51,4 9Section 4. 100.264 (2) (intro.) of the statutes is amended to read:
SB51,2,2110 100.264 (2) Supplemental forfeiture. (intro.) If a fine or a forfeiture is
11imposed on a person for a violation under ch. 136 or 707 or s. 100.16, 100.17, 100.171,
12100.174, 100.18, 100.182, 100.183, 100.195, 100.20, 100.203, 100.205, 100.207,
13100.209, 100.21, 100.30 (3), 100.313, 100.315, 100.35, 100.44, 100.46, 100.52,
14100.525, 100.55, 100.57, 100.65, 134.71, 134.72, 134.73, 134.87, 344.574, 344.576 (1),
15(2), or (3) (a) or (b), 344.577, or 344.578, or a provision of ch. 704 or 846 for which the
16department has rule-making, investigation, or enforcement authority, or a rule
17promulgated under one of those sections, chapters, or provisions, the person shall be
18subject to a supplemental forfeiture not to exceed $10,000 for that violation if the
19conduct by the defendant, for which the violation was imposed, was perpetrated
20against an elderly person or disabled person and if the court finds that any of the
21following factors is present:
SB51,5 22Section 5 . 100.30 of the statutes is repealed.
SB51,6 23Section 6. 100.33 (1) (c) of the statutes is amended to read:
1100.33 (1) (c) “Plastic container" means an individual, separate, rigid plastic
2bottle, can, jar, or carton, except for a blister pack, that is originally used to contain
3a product that is the subject of a retail sale, as defined under s. 100.30 (2) (h).
SB51,7 4Section 7 . 100.33 (1) (em) of the statutes is created to read:
SB51,3,85 100.33 (1) (em) “Retail sale" and “sale at retail" mean a transfer for valuable
6consideration, made in the ordinary course of trade or in the usual conduct of a
7retailer's business, of title to tangible personal property to the purchaser for
8consumption or use other than resale or further processing or manufacturing.
SB51,8 9Section 8 . 100.33 (1) (g) of the statutes is repealed.
SB51,9 10Section 9 . 100.33 (1) (h) of the statutes is amended to read:
SB51,3,1511 100.33 (1) (h) “Sales Sale at wholesale" has the meaning given in s. 100.30 (2)
includes any transfer for valuable consideration made in the ordinary course of
13trade or in the usual conduct of a wholesaler's business, of title to tangible personal
14property to the purchaser for purposes of resale or further processing or
SB51,10 16Section 10. 100.51 (1) (a) of the statutes is renumbered 100.51 (1) (ar).
SB51,11 17Section 11. 100.51 (1) (ag) of the statutes is created to read:
SB51,3,2418 100.51 (1) (ag) “Average posted terminal price” means the average posted rack
19price, as published by a petroleum price reporting service, at which motor vehicle fuel
20is offered for sale at the close of business on the determination date by all refiners
21and wholesalers of motor vehicle fuel at a terminal plus any excise, sales, or use taxes
22imposed on the motor vehicle fuel or on its sale, any cost incurred for transportation,
23and any other charges that are not otherwise included in the average posted rack
24price. In this paragraph, “average" means the arithmetic mean.
SB51,12 25Section 12 . 100.51 (6) (a) of the statutes is amended to read:
1100.51 (6) (a) A motor fuel grantor that provides gasoline to a motor fuel dealer
2under a motor fuel dealership agreement shall offer gasoline to the motor fuel dealer
3that is not blended with ethanol and that is suitable for subsequent blending with
4ethanol and for resale. For purposes of this subsection, gasoline that is not blended
5with ethanol is not suitable for subsequent sale if the price charged for the unblended
6gasoline by the motor fuel grantor does not fairly reflect the average posted terminal
7price, as defined in s. 100.30 (2) (a).
SB51,13 8Section 13. 134.04 (1) of the statutes is amended to read:
SB51,4,249 134.04 (1) No person, firm, or corporation engaged in any enterprise in this
10state shall by any method or procedure directly or indirectly by itself or through a
11subsidiary agency owned or controlled in whole or in part by such person, firm, or
12corporation, sell or procure for sale or have in its possession or under its control for
13sale to its employees or any person any article, material, product , or merchandise of
14whatsoever nature not of the person's, firm's, or corporation's production or not
15handled in the person's, firm's, or corporation's regular course of trade, excepting
16meals, candy bars, cigarettes, and tobacco for the exclusive use and consumption of
17such employees of the employer, and excepting tools used by employees in said
18enterprise and such specialized appliances and paraphernalia as may be required in
19said enterprise for the employees' safety or health and articles used by employees or
20other persons which insure better sanitary conditions and quality in the
21manufacture of food or food products. The provisions of this subsection shall not
22apply to lumber producers, loggers, and dealers nor to any cooperative association
23organized under ch. 185 or 193. This section shall not be construed as authorizing
24the sale of any merchandise at less than cost as defined in s. 100.30.
SB51,14 25Section 14. 139.39 (3) of the statutes is amended to read:
1139.39 (3) The secretary may suspend or revoke the permit of any permittee
2who violates ss. 100.30 or 139.30 to 139.44 or any rules adopted under sub. (1). The
3secretary shall revoke the permit of any permittee who violates s. 100.30 3 or more
4times within a 5-year period.
SB51,15 5Section 15 . 814.04 (intro.) of the statutes is amended to read:
SB51,5,10 6814.04 Items of costs. (intro.) Except as provided in ss. 93.20, 100.195 (5m)
7(b), 100.30 (5m), 106.50 (6) (i) and (6m) (a), 115.80 (9), 767.553 (4) (d), 769.313,
8802.05, 814.245, 895.035 (4), 895.044, 895.443 (3), 895.444 (2), 895.445 (3), 895.446
9(3), 895.506, 943.212 (2) (b), 943.245 (2) (d), 943.51 (2) (b), and 995.10 (3), when
10allowed costs shall be as follows:
SB51,16 11Section 16. 951.10 (1) of the statutes is renumbered 951.10 (1r).
SB51,17 12Section 17. 951.10 (1g) of the statutes is created to read:
SB51,5,1613 951.10 (1g) In this section, “retailer" includes every person engaged in the
14business of making sales at retail within this state, but, in the case of a person
15engaged in the business of selling both at retail and at wholesale, such term shall be
16applied only to the retail portion of such business.
SB51,18 17Section 18. 951.10 (2) of the statutes is amended to read:
SB51,5,2118 951.10 (2) No retailer, as defined in s. 100.30 (2) (e), may sell, offer for sale,
19barter, or give away living baby rabbits, baby chicks, ducklings, or other fowl under
202 months of age in any quantity less than 6 unless in the business of selling these
21animals for agricultural, wildlife, or scientific purposes.
SB51,5,2222 (End)