Governor's Gas and Diesel Price Working Group to Hold Public Meetings in July
CHEYENNE, Wyo. – After holding its first organizational meeting last week, Governor Gordon’s Gas and Diesel Price Working Group has announced two public meetings in July.
The public meetings will take place from 1 to 5 pm on July 15 and July 22 in the Herschler Building’s Connector Auditorium in Cheyenne. The meetings will also be available via zoom. The working group will receive presentations on federal and state fuel taxes, oil and gas production in Wyoming and market forces influencing the cost of fuel. The Working Group will also take public comment.
Members of the group include:
§ Brenda Henson, Director of the Department of Revenue (Chair);
§ Luke Reiner, Director of the Department of Transportation;
§ Senator Ed Cooper;
§ Representative Mike Greear;
§ Representative Clark Stith;
§ Bobby Rolston, Industry;
§ Sheila Foertsch, Wyoming Trucking Association;
§ Jeremiah Rieman, Wyoming County Commissioners Association;
§ Jonathan Downing, Colorado-Wyoming Petroleum Marketers Association
§ Sam Shumway, Director of the Wyoming American Association of Retired Persons (AARP).
“I’m grateful for these individuals' willingness to step forward and examine an issue that is impacting each of us here in Wyoming,” Governor Gordon said. “I look forward to their input as we seek to provide relief for consumers.”
"These meetings will be an opportunity for the working group to receive information as we seek recommendations for reducing the price of fuel at the pump. We have a lot of work to do and greatly appreciate ideas from the public as we move forward," said Brenda Henson.
CWPMA Note: Of concern is a discussion that is possible to repeal Wyoming’s Below cost selling law:
Importantly,
The law allows grocery discount programs but still prohibits predatory pricing which help Wyoming based marketers:
There are numerous exemptions that meet most out of the ordinary market situations but stops national chains from coming in and undercutting Wyoming based businesses by using pricing tactics based on aggregate sales from across the country.
40-4-107. Sale at less than cost prohibited; cost defined.
(a) It shall be unlawful for any person, partnership, firm, corporation, joint-stock company, or other association engaged in business within this state, to sell, offer for sale or advertise for sale any article or product, at less than the cost thereof to such vendor, or give, offer to give or advertise the intent to give away any article or product for the purpose of injuring competitors and destroying competition.
(b) The term cost as applied to production or manufacturing is hereby defined as including the cost of raw materials and labor and as applied to distribution cost shall mean the invoice or replacement cost, whichever is lower, of the article or product to the distributor and vendor plus any freight charges, all applicable federal, state and local taxes and any charges imposed by federal, state or local government that are not taxes that are paid by the distributor and vendor and are not included in the invoice cost.
(c) Repealed By Laws 2009, Ch. 172, § 2.
40-4-108. Repealed By Laws 2009, Ch. 172, § 2.
40-4-109. Proof of intent; cost survey as evidence of cost.
In any injunction proceeding or in the prosecution of any person as officer, director or agent, it shall be sufficient to allege and prove the unlawful intent of the person, firm or corporation for whom or which he acts. Where a particular trade or industry, of which the person, firm or corporation complained against is a member, has an established cost survey for the locality and vicinity in which the offense is committed, the said cost survey shall be deemed competent evidence to be used in proving the costs of the person, firm or corporation complained against within the provisions of this act.
40-4-110. Persons, agreements and transactions exempted from W.S. 40-4-107 and 40-4-109.
(a) The provisions of W.S. 40-4-107 and 40-4-109 shall not apply to any sale made:
(i) In closing out in good faith the owner's stock or any part thereof for the purpose of discontinuing his trade in any such stock or commodity, and in the case of the sale of seasonal goods or to the bona fide sale of perishable goods to prevent loss to the vendor by spoilage or depreciation, provided notice is given to the public thereof;
(ii) When the goods are damaged or deteriorated in quality, and notice is given to the public thereof;
(iii) By an officer acting under the orders of any court;
(iv) In an endeavor made in good faith to meet the prices of a competitor selling the same or similar article or product in the same locality or trade area;
(v) When the goods are sold for promotional purposes at a special sale of limited duration including but not limited to a grand opening sale, an annual anniversary sale, an annual customer appreciation sale or a community, neighborhood or mall wide sale;
(vi) In a sale of limited duration to reduce inventory, dispose of slow selling items or dispose of items replaced or to be replaced by new models;
(vii) Of any products in a class of products where the prices are identical for the same volume throughout the class provided the total revenues from all the sales of products of that class by the vendor exceed the costs as defined in W.S. 40-4-107. For pharmaceuticals, for the purposes of this subsection, prices are identical if they are identical for a supply for a defined period of time even though the physical quantities of pharmaceuticals may be different.
(b) Any person, firm or corporation who performs work upon, renovates, alters or improves any personal property belonging to another person, firm or corporation, shall be construed to be a vendor within the meaning of this act.
(c) W.S. 40-4-107 through 40-4-110 shall not apply to any person entering into a cooperative arrangement for antitrust exceptions approved pursuant to W.S. 35-24-101 through 35-24-116.