Minnesota Legislature
HF 807
as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:42am
Current Version - as introduced
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A bill for an act
relating to commerce; eliminating the prohibition on gasoline sales below cost;
amending Minnesota Statutes 2008, section 325D.01, subdivision 5; repealing
Minnesota Statutes 2008, sections 325D.01, subdivisions 11, 12; 325D.71.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 325D.01, subdivision 5, is amended to
read:
Subd. 5.
Cost.
The term "costnew text begin ,new text end "deleted text begin ,deleted text end as applied to the wholesale or retail vendor, means:
(1) the actual current delivered invoice or replacement cost, whichever is lower,
without deducting customary cash discounts, plus any excise or sales taxes imposed on
such commodity, goods, wares or merchandise subsequent to the purchase thereof and
prior to the resale thereof, plus the cost of doing business at that location by the vendor;new text begin and
new text end
(2) where a manufacturer publishes a list price and discounts, in determining such
"cost" the manufacturer's published list price then currently in effect, less the published
trade discount but without deducting the customary cash discount, plus any excise or
sales taxes imposed on such commodity, goods, wares or merchandise subsequent to the
purchase thereof and prior to the resale thereof, plus the cost of doing business by the
vendor shall be prima facie evidence of "costnew text begin .new text end "deleted text begin ;
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(3) for purposes of gasoline offered for sale by way of posted price or indicating
meter by a retailer, at a retail location where gasoline is dispensed into passenger
automobiles and trucks by the consumer, "cost" means the average terminal price on
the day, at the terminal from which the most recent supply of gasoline delivered to the
retail location was acquired, plus all applicable state and federal excise taxes and fees,
plus the lesser of six percent or eight cents.
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Sec. 2. new text begin REPEALER.
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Minnesota Statutes 2008, sections 325D.01, subdivisions 11 and 12; and 325D.71,
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are repealed.
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Sec. 3. new text begin EFFECTIVE DATE.
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Sections 1 and 2 are effective the day following final enactment.
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