1.2relating to commerce; regulating gasoline sales below cost; amending Minnesota
1.3Statutes 2012, section 325D.01, subdivision 5; repealing Minnesota Statutes
1.42012, sections 325D.01, subdivisions 11, 12; 325D.71.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6    Section 1. Minnesota Statutes 2012, section 325D.01, subdivision 5, is amended to read:
1.7    Subd. 5. Cost. The term "cost", as applied to the wholesale or retail vendor, means:
1.8(1) the actual current delivered invoice or replacement cost, whichever is lower,
1.9without deducting customary cash discounts, plus any excise or sales taxes imposed on
1.10such commodity, goods, wares or merchandise subsequent to the purchase thereof and
1.11prior to the resale thereof, plus the cost of doing business at that location by the vendor; and
1.12(2) where a manufacturer publishes a list price and discounts, in determining such
1.13"cost" the manufacturer's published list price then currently in effect, less the published
1.14trade discount but without deducting the customary cash discount, plus any excise or
1.15sales taxes imposed on such commodity, goods, wares or merchandise subsequent to the
1.16purchase thereof and prior to the resale thereof, plus the cost of doing business by the
1.17vendor shall be prima facie evidence of "cost";.
1.18(3) for purposes of gasoline offered for sale by way of posted price or indicating
1.19meter by a retailer, at a retail location where gasoline is dispensed into passenger
1.20automobiles and trucks by the consumer, "cost" means the average terminal price on
1.21the day, at the terminal from which the most recent supply of gasoline delivered to the
1.22retail location was acquired, plus all applicable state and federal excise taxes and fees,
1.23plus the lesser of six percent or eight cents.

2.1    Sec. 2. REPEALER.
2.2Minnesota Statutes 2012, sections 325D.01, subdivisions 11 and 12; and 325D.71,
2.3 are repealed.

2.4    Sec. 3. EFFECTIVE DATE.
2.5    Sections 1 and 2 are effective the day following final enactment.