2021 - 2022 LEGISLATURE
LRB-3186/1
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2021 ASSEMBLY BILL 358
May 27, 2021 - Introduced by Representatives NEYLON, KNODL, ALLEN, ARMSTRONG,
BRANDTJEN, BROOKS, CABRAL-GUEVARA, DALLMAN, DITTRICH, DUCHOW,
HORLACHER, JAMES, KRUG, KUGLITSCH, MAGNAFICI, MURPHY, MOSES,
OLDENBURG, RAMTHUN, ROZAR, SANFELIPPO, SKOWRONSKI, SNYDER, THIESFELDT,
TITTL, TUSLER, WITTKE, WICHGERS and SCHRAA, cosponsored by Senators
STROEBEL, CARPENTER, JACQUE and NASS. Referred to Committee on Health.
1 AN ACT to amend 100.30 (6) (title); and to create 100.30 (6) (a) 10. and 100.30
2 (6) (e) of the statutes; relating to: regulating the sale of items that are qualified
3 medical expenses below cost.
Analysis by the Legislative Reference Bureau
This bill exempts from the Unfair Sales Act items that are qualified medical
expenses. Under current law, the Unfair Sales Act, also known as the “minimum
markup law,” prohibits retailers and wholesalers from selling merchandise for less
than the cost of the merchandise to the seller. Under the bill, the prohibition on
below-cost sales does not apply to vaccines, prescription drugs, or physical items
whose costs are qualified medical expenses under federal law.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
4 SECTION 1. 100.30 (6) (title) of the statutes is amended to read:
5 100.30 (6) (title) EXCEPTIONS; CONSTRUCTION.
6 SECTION 2. 100.30 (6) (a) 10. of the statutes is created to read:
 2021 - 2022 Legislature -2- LRB-3186/1
JAM&JPC:skw
ASSEMBLY BILL 358 SECTION 2
1 100.30 (6) (a) 10. The merchandise sold is a vaccine, a prescription drug, or a
2 physical item, the cost of which is a qualified medical expense under 26 USC 223 (d)
3 (2).
4 (END)


Statutes affected:
Bill Text: 100.30(6)(title), 100.30