HF 115

as introduced - 84th Legislature, 2005 1st Special Session (2005 - 2005) Posted on 12/15/2009 12:00am

A bill for an act
relating to commerce; regulating gasoline sales below
cost; amending Minnesota Statutes 2004, section
325D.01, subdivision 5; repealing Minnesota Statutes
2004, sections 325D.01, subdivisions 11, 12; 325D.71.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 325D.01,
subdivision 5, is amended to read:

Subd. 5.

Cost.

The term "cost", 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;

(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
"cost" deleted text begin ; deleted text end new text begin .
new text end

deleted text begin (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.
deleted text end

Sec. 2. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 325D.01, subdivisions 11
and 12; and 325D.71, are repealed.
new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 and 2 are effective the day following final
enactment.
new text end