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SF0112

Wyoming Price Regulation Repeal and Update

Last scannedOct 18, 2026, 2:19 AM

In one sentence

This law updates Wyoming's rules on unfair pricing by removing outdated sections and clarifying that certain standard business practices, like loyalty programs and promotional sales, are allowed.

What it does

  • Removes old and duplicate rules about pricing that are no longer needed.
  • Clarifies that unfair price discrimination does not include standard business practices such as volume discounts and customer loyalty programs.
  • States that selling goods at promotional prices for a short time or to reduce inventory is not considered selling below cost.
  • Declares that any contract or provision of a contract that violates the unfair price discrimination statutes is illegal and void to the extent of the violation.
  • Allows injured persons, firms, private corporations, or trade associations to sue for actual damages, reasonable attorney fees, and costs if a company violates the law.

Who it affects

  • Persons, firms, corporations, or other entities doing business in Wyoming that produce, manufacture, sell, or distribute commodities.
  • Injured persons, firms, private corporations, or trade associations who may sue for damages.
  • Distributors and vendors regarding the definition of cost for products.

Limits and unknowns

  • The law does not apply to cooperative arrangements for antitrust exceptions approved under specific Wyoming statutes.
  • The definition of 'this act' is limited to specific sections of the Wyoming Statutes (W.S. 40-4-101 through 40-4-105, 40-4-107, 40-4-109, 40-4-110, and 40-4-114).
  • The law specifies that promotional sales must be of limited duration, but does not define a specific maximum number of days in the final text provided.

Plain language

Terms to know

Unfair discrimination
Actions by a company regarding pricing that prevent or destroy competition or result in unjust or unreasonable profits.
Cost
For production, the cost of raw materials, labor, and overhead. For distribution, the lower of invoice or replacement cost plus freight, taxes, and other government charges not included in the invoice.
Promotional sale
A sale of limited duration, such as a grand opening, anniversary sale, or community sale, used to promote goods.

Official record

Sources

Source checked
Read the official summary

Bill No.: <billno> Drafter: <drafterinit> Bill No.: SF0112 Drafter: LGC LSO No.: 09LSO-0534 Effective Date: 7/1/2009 Enrolled Act No.: SEA0088 Chapter No.: 172 Prime Sponsor: Senator Scott Catch Title: Archaic price regulation repeal. Subject: Regulation of unfair pricing. Summary/Major Elements: The act amends and updates language in statutes regulating unfair price discrimination and repeals archaic provisions. The statutes generally prohibit actions by a company with respect to pricing that would prevent or destroy competition or result in unjust or unreasonable profits. Provisions which are repealed by this act include restrictions on the pricing of petroleum products which are otherwise regulated in statute. The act declares any contract or provision of a contract which violates the unfair price discrimination statutes to be null and void to the extent of the violation. The act clarifies that unfair price discrimination does not include certain standard business practices such as volume discounts and customer loyalty programs. The act provides that prohibitions currently in statute with respect to selling below cost do not apply to goods sold for promotional purposes at sales of limited duration and sales to reduce inventory. Note: Final action on this bill was not taken at the time this summary was prepared. Should changes be made to the bill upon final passage, an updated summary will be transmitted to all legislators.

Public statements

Why lawmakers voted

Last checked Aug 8, 6:52 AM

Voted Yes

Why they voted this way

The speaker supports adopting the House version of the conference report because it simplifies proving costs by using invoice prices and acknowledges that while not perfect, it is an improvement over current laws.

Public statementFloor statement at 21:26 Watch the statement
Voted No

Why they voted this way

The lawmaker argues that House amendments made it too difficult to prove that selling below invoice cost destroys competition. He urges a vote against concurrence so the bill can be modified in conference to make these provisions more workable.

Public statementFloor statement at 23:53 Watch the statement
Voted Yes

Why they voted this way

The lawmaker argues that a 120-day sales period is too long for retail businesses and proposes shortening it to 30 days to prevent larger businesses from engaging in unfair competition by selling items below cost.

Public statementFloor statement at 56:37 Watch the statement
Voted Yes

Why they voted this way

The lawmaker supports the amendment as a compromise to address petroleum marketers' concerns about being driven out of business by prolonged sales below invoice cost, while noting that other sections allow for continuous inventory reduction without time limits.

Public statementFloor statement at 57:46 Watch the statement

If a lawmaker is not listed, we couldn't find a published reason.

Wyoming roll calls

Recorded votes

6 roll calls

S Adopted JCC01 26-4-0-0-02009-03-05 · Senate26 yes 4 no
S Did Not Concur 12-17-1-0-02009-03-04 · Senate12 yes 17 no
H Passed 3rd Reading 45-15-0-0-02009-03-03 · House45 yes 15 no
H07 Recommended Amend and Do Pass 5-4-0-0-02009-02-23 · House5 yes 4 no
S Passed 3rd Reading 30-0-0-0-02009-01-26 · Senate30 yes 0 no
S04 Recommended Amend and Do Pass 5-0-0-0-02009-01-22 · Senate5 yes 0 no

Official activity

Bill history

  1. Assigned Chapter Number - 172LSO
  2. Governor Signed SEA No. 0088Governor
  3. H Speaker Signed SEA No. 0088House
  4. S President Signed SEA No. 0088Senate
  5. Assigned Number SEA No. 0088LSO
  6. S Adopts SF0112JC01 and Recedes from NonconcurrenceSenate
  7. S Adopted SF0112JC01Senate
  8. H Appointed JCC01 MembersHouse
  9. S Appointed JCC01 MembersSenate
  10. S Did Not ConcurSenate
  11. S Received for ConcurrenceSenate
  12. H Passed 3rd ReadingHouse
  13. Amendment AdoptedHouse
  14. H Passed 2nd ReadingHouse
  15. Amendment FailedHouse
  16. Amendment AdoptedHouse
  17. H Passed CoWHouse
  18. H Amendments AdoptedHouse
  19. Amendment AdoptedHouse
  20. Amendment FailedHouse

Changes

Amendments

10 stored

SF0112H2001

Adopted 2nd reading by ILLOWAY

SF0112H2002

Failed 2nd reading by LUBNAU

SF0112H3001

Adopted 3rd reading by LUBNAU

SF0112HW001

Withdrawn Committee of the Whole by ZWONITZ,DN

SF0112HW002

Withdrawn Committee of the Whole by ILLOWAY

SF0112HW003

Withdrawn Committee of the Whole by STUBSON

SF0112HW004

Adopted Committee of the Whole by LUBNAU

SF0112HS001

Failed Standing Committee by H07

SF0112S3001

Adopted 3rd reading by PETERSON

SF0112SS001

Adopted Standing Committee by COE