LRBs0330/1
CTS:jld:rs
2005 - 2006 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 2005 SENATE BILL 215
November 30, 2005 - Offered by Senator Grothman.
SB215-SSA1,1,4 1An Act to renumber 100.30 (3); to amend 100.30 (2) (am) 1m. (intro.), 100.30
2(2) (am) 1m. a., 100.30 (2) (am) 1m. b., 100.30 (2) (am) 1m. c., 100.30 (2) (c) 1g.
3and 100.30 (2) (c) 1r.; and to create 100.30 (3) (b) of the statutes; relating to:
4regulating the minimum price of motor vehicle fuel.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB215-SSA1, s. 1 5Section 1. 100.30 (2) (am) 1m. (intro.) of the statutes is amended to read:
SB215-SSA1,1,76 100.30 (2) (am) 1m. (intro.) With respect to the sale of motor vehicle fuel, "cost
7to retailer" means not less than 3 cents per gallon plus the following:
SB215-SSA1, s. 2 8Section 2. 100.30 (2) (am) 1m. a. of the statutes is amended to read:
SB215-SSA1,2,89 100.30 (2) (am) 1m. a. In the case of the retail sale of motor vehicle fuel by a
10refiner at a retail station owned or operated either directly or indirectly by the
11refiner, the refiner's lowest selling price to other retailers or to wholesalers of motor

1vehicle fuel on the date of the refiner's retail sale, less all trade discounts except
2customary discounts for cash, plus any excise, sales, or use taxes imposed on the
3motor vehicle fuel or on its sale and any cost incurred for transportation and any
4other charges not otherwise included in the invoice cost of the motor vehicle fuel, plus
5a markup of 9.18% 5 percent of that amount to cover a proportionate part of the cost
6of doing business; or the average posted terminal price at the terminal located closest
7to the retail station plus a markup of 9.18% 5 percent of the average posted terminal
8price to cover a proportionate part of the cost of doing business; whichever is greater.
SB215-SSA1, s. 3 9Section 3. 100.30 (2) (am) 1m. b. of the statutes is amended to read:
SB215-SSA1,2,2210 100.30 (2) (am) 1m. b. In the case of the retail sale of motor vehicle fuel by a
11wholesaler of motor vehicle fuel, who is not a refiner, at a retail station owned or
12operated either directly or indirectly by the wholesaler of motor vehicle fuel, the
13invoice cost of the motor vehicle fuel to the wholesaler of motor vehicle fuel within
1410 days prior to the date of sale, or the replacement cost of the motor vehicle fuel,
15whichever is lower, less all trade discounts except customary discounts for cash, plus
16any excise, sales, or use taxes imposed on the motor vehicle fuel or on its sale, and
17any cost incurred for transportation and any other charges not otherwise included
18in the invoice cost or replacement cost of the motor vehicle fuel, plus a markup of
199.18% 5 percent of that amount to cover a proportionate part of the cost of doing
20business; or the average posted terminal price at the terminal located closest to the
21retail station plus a markup of 9.18% 5 percent of the average posted terminal price
22to cover a proportionate part of the cost of doing business; whichever is greater.
SB215-SSA1, s. 4 23Section 4. 100.30 (2) (am) 1m. c. of the statutes is amended to read:
SB215-SSA1,3,1024 100.30 (2) (am) 1m. c. In the case of the retail sale of motor vehicle fuel by a
25person other than a refiner or a wholesaler of motor vehicle fuel at a retail station,

1the invoice cost of the motor vehicle fuel to the retailer within 10 days prior to the
2date of sale, or the replacement cost of the motor vehicle fuel, whichever is lower, less
3all trade discounts except customary discounts for cash, plus any excise, sales, or use
4taxes imposed on the motor vehicle fuel or on its sale and any cost incurred for
5transportation and any other charges not otherwise included in the invoice cost or
6the replacement cost of the motor vehicle fuel, plus a markup of 6% 5 percent of that
7amount to cover a proportionate part of the cost of doing business; or the average
8posted terminal price at the terminal located closest to the retailer plus a markup
9of 9.18% 5 percent of the average posted terminal price to cover a proportionate part
10of the cost of doing business; whichever is greater.
SB215-SSA1, s. 5 11Section 5. 100.30 (2) (c) 1g. of the statutes is amended to read:
SB215-SSA1,3,2012 100.30 (2) (c) 1g. With respect to the wholesale sale of motor vehicle fuel by a
13refiner, "cost to wholesaler" means the refiner's lowest selling price to other retailers
14or to wholesalers of motor vehicle fuel on the date of the refiner's wholesale sale, less
15all trade discounts except customary discounts for cash, plus any excise, sales or use
16taxes imposed on the motor vehicle fuel or on its sale and any cost incurred for
17transportation and any other charges not otherwise included in the invoice cost of
18the motor vehicle fuel, to which shall be added a markup to cover a proportionate part
19of the cost of doing business, which markup, in the absence of proof of a lesser cost,
20shall be 3% of the cost to the wholesaler as set forth in this subdivision
.
SB215-SSA1, s. 6 21Section 6. 100.30 (2) (c) 1r. of the statutes is amended to read:
SB215-SSA1,4,722 100.30 (2) (c) 1r. With respect to the wholesale sale of motor vehicle fuel by a
23person other than a refiner, "cost to wholesaler" means the invoice cost of the motor
24vehicle fuel to the wholesaler of motor vehicle fuel within 10 days prior to the date
25of the sale or the replacement cost of the motor vehicle fuel, whichever is lower, less

1all trade discounts except customary discounts for cash, plus any excise, sales or use
2taxes imposed on the motor vehicle fuel or on its sale and any cost incurred for
3transportation and any other charges not otherwise included in the invoice cost or
4the replacement cost of the motor vehicle fuel to which shall be added a markup to
5cover a proportionate part of the cost of doing business, which markup, in the absence
6of proof of a lesser cost, shall be 3% of the cost to the wholesaler as set forth in this
7subdivision
.
SB215-SSA1, s. 7 8Section 7. 100.30 (3) of the statutes is renumbered 100.30 (3) (a).
SB215-SSA1, s. 8 9Section 8. 100.30 (3) (b) of the statutes is created to read:
SB215-SSA1,4,1210 100.30 (3) (b) Notwithstanding par. (a) and sub. (2) (b), a retailer, wholesaler,
11or refiner may apply a discount to the cost to retailer of not more than 2 percent to
12a retail sale of motor vehicle fuel if the purchaser pays in cash.
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