2019-2020 Bill 1099: Alcohol - South Carolina Legislature ...



South Carolina General Assembly123rd Session, 2019-2020A169, R166, S1099STATUS INFORMATIONGeneral BillSponsors: Senators Talley, Shealy, Turner, Hutto, Sabb, Climer, McLeod, Gambrell, Johnson, Campsen, Scott, Williams and ReeseDocument Path: l:\s-jud\bills\talley\jud0086.mf.docxIntroduced in the Senate on February 12, 2020Introduced in the House on June 24, 2020Last Amended on September 22, 2020Passed by the General Assembly on September 23, 2020Governor's Action: September 30, 2020, SignedSummary: AlcoholHISTORY OF LEGISLATIVE ACTIONSDateBodyAction Description with journal page number2/12/2020SenateIntroduced and read first time (Senate Journalpage?3)2/12/2020SenateReferred to Committee on Judiciary (Senate Journalpage?3)2/14/2020SenateReferred to Subcommittee: Turner (ch), Hutto, Talley, Cash, Harpootlian3/11/2020SenateCommittee report: Favorable with amendment Judiciary (Senate Journalpage?7)3/12/2020Scrivener's error corrected5/12/2020SenateCommittee Amendment Adopted (Senate Journalpage?50)5/12/2020SenateRead second time (Senate Journalpage?50)5/12/2020SenateRoll call Ayes37 Nays0 (Senate Journalpage?50)5/12/2020SenateUnanimous consent for third reading on next legislative day (Senate Journalpage?50)5/13/2020SenateRead third time and sent to House (Senate Journalpage?5)6/24/2020HouseIntroduced and read first time (House Journalpage?32)6/24/2020HouseReferred to Committee on Ways and Means (House Journalpage?32)9/15/2020HouseCommittee report: Favorable with amendment Ways and Means (House Journalpage?62)9/22/2020HouseRequests for debateRep(s).? Hiott, GR Smith, Trantham, Stringer, Haddon, Burns, Magnuson, Morgan, Martin, Oremus, Blackwell, Taylor, Hixon, Daning, Long, Forrest, Bennett, Jefferson, McCravy, Rose, Caskey, Ott, VS Moss, King, S.?Williams, Rivers, Brawley, and Anderson (House Journalpage?26)9/22/2020HouseAmended (House Journalpage?105)9/22/2020HouseRead second time (House Journalpage?105)9/22/2020HouseRoll call Yeas76 Nays13 (House Journalpage?105)9/23/2020Scrivener's error corrected9/23/2020HouseRead third time and returned to Senate with amendments (House Journalpage?82)9/23/2020SenateConcurred in House amendment and enrolled (Senate Journalpage?138)9/23/2020SenateRoll call Ayes30 Nays4 (Senate Journalpage?138)9/25/2020Ratified R 1669/30/2020Signed By Governor10/7/2020Effective date 09/30/2010/7/2020Act No.? 169View the latest legislative information at the websiteVERSIONS OF THIS BILL2/12/20203/11/20203/12/20205/12/20209/15/20209/22/20209/23/2020(A169, R166, S1099)AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 614942 SO AS TO PROHIBIT A MANUFACTURER, BREWER, OR IMPORTER OF BEER FROM REQUIRING A WHOLESALER TO UNDERTAKE CERTAIN ACTIONS.Be it enacted by the General Assembly of the State of South Carolina:Distribution agreements, prohibited actsSECTION1.Article 9, Chapter 4, Title 61 of the 1976 Code is amended by adding:“Section 614942.Notwithstanding any existing beer distribution agreement to the contrary, a manufacturer, brewer, or importer of beer shall not: (1)coerce or require a wholesaler to gather or submit sales records, retail placement, price, discount, rebate, or other details for beer brands not manufactured, brewed, or imported by the manufacturer, brewer, or importer;(2)mandate wholesaler employee hiring decisions or payment rates, including incentives; (3)require a wholesaler to pay or contribute marketing, advertising, or other funds for control or expenditure by the manufacturer, brewer, or importer, except a wholesaler may agree, in writing and in advance of the payment or contribution, to spend or contribute wholesaler funds for a specified marketing or advertising plan or opportunity;(4)ship, invoice, or initiate an electronic funds transfer payment for any quantity of beer exceeding any order or forecast submitted by a wholesaler, or include in a beer sales invoice charges for any items other than beer, freight, fuel, cooperage, dunnage, pallets, and related deposits;(5)invoice or initiate electronic funds transfer payment for pointofsale advertising specialties or other items, except a manufacturer, brewer, or importer may place an order and invoice or initiate an electronic funds transfer payment for point-of-sale advertising specialties or other items pursuant to a specific written agreement between the wholesaler and the manufacturer, brewer, or importer made prior to the placement of an order; (6)attribute risk of loss, ownership or other financial interest to a wholesaler for beer not in the wholesaler’s possession; or(7)require a wholesaler to pay for development, installation, or use of any software owned or mandated by the manufacturer, brewer, or importer, except a wholesaler may be required to maintain data in a format compatible with data format standards adopted by a manufacturer, brewer, or importer.”Time effectiveSECTION2.This act takes effect upon approval by the Governor.Ratified the 25th day of September, 2020.Approved the 30th day of September, 2020. __________ ................
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