as introduced - 88th Legislature (2013 - 2014) Posted on 05/18/2013 08:48am
A bill for an act
relating to commerce; regulating gasoline sales below cost; amending Minnesota
Statutes 2012, section 325D.01, subdivision 5; repealing Minnesota Statutes
2012, sections 325D.01, subdivisions 11, 12; 325D.71.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2012, section 325D.01, subdivision 5, is amended to read:
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;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 "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
new text begin
Minnesota Statutes 2012, sections 325D.01, subdivisions 11 and 12; and 325D.71,
new text end
new text begin
are repealed.
new text end
new text begin
Sections 1 and 2 are effective the day following final enactment.
new text end