S*0359(Rat #0048, Act #0029 of 2017)  General Bill, By Cromer
 AN ACT TO AMEND SECTION 39-5-325, CODE OF LAWS OF SOUTH CAROLINA 1976,
 RELATING TO UNFAIR TRADE PRACTICES FOR MOTOR FUEL RETAILERS, SO AS TO REMOVE
 REFERENCES TO THE DEPARTMENT OF CONSUMER AFFAIRS; AND TO AMEND SECTION
 39-5-350, RELATING TO EXEMPTIONS FROM MERCHANDISING UNFAIR TRADE PRACTICES, SO
 AS TO REMOVE THE REFERENCES TO THE DEPARTMENT OF CONSUMER AFFAIRS. - ratified
 title

   02/07/17  Senate Introduced and read first time (Senate Journal-page 3)
   02/07/17  Senate Referred to Committee on Labor, Commerce and
                     Industry (Senate Journal-page 3)
   03/09/17  Senate Committee report: Favorable with amendment Labor,
                     Commerce and Industry (Senate Journal-page 16)
   03/16/17  Senate Committee Amendment Adopted (Senate Journal-page 27)
   03/16/17  Senate Read second time (Senate Journal-page 27)
   03/16/17  Senate Roll call Ayes-40  Nays-0 (Senate Journal-page 27)
   03/21/17  Senate Read third time and sent to House
                     (Senate Journal-page 15)
   03/22/17  House  Introduced and read first time (House Journal-page 11)
   03/22/17  House  Referred to Committee on Judiciary
                     (House Journal-page 11)
   04/26/17  House  Committee report: Favorable with amendment
                     Judiciary (House Journal-page 117)
   05/02/17  House  Amended (House Journal-page 37)
   05/02/17  House  Read second time (House Journal-page 37)
   05/02/17  House  Roll call Yeas-97  Nays-0 (House Journal-page 38)
   05/03/17  House  Read third time and returned to Senate with
                     amendments (House Journal-page 11)
   05/04/17  Senate Concurred in House amendment and enrolled
                     (Senate Journal-page 58)
   05/04/17  Senate Roll call Ayes-39  Nays-0 (Senate Journal-page 58)
   05/09/17         Ratified R 48
   05/10/17         Signed By Governor
   05/17/17         Effective date 05/10/17
   05/18/17         Act No. 29

(A29, R48, S359)

AN ACT TO AMEND SECTION 39-5-325, CODE OF LAWS OF SOUTH CAROLINA 1976, RELATING TO UNFAIR TRADE PRACTICES FOR MOTOR FUEL RETAILERS, SO AS TO REMOVE REFERENCES TO THE DEPARTMENT OF CONSUMER AFFAIRS; AND TO AMEND SECTION 39-5-350, RELATING TO EXEMPTIONS FROM MERCHANDISING UNFAIR TRADE PRACTICES, SO AS TO REMOVE THE REFERENCES TO THE DEPARTMENT OF CONSUMER AFFAIRS.

Be it enacted by the General Assembly of the State of South Carolina:

Unfair trade practice for selling motor fuel below cost exemption, reference to Department of Consumer Affairs removed

SECTION    1.    Section 39-5-325(C) of the 1976 Code, as added by Act 161 of 1993, is amended to read:

"(C)    Any person who is in the retail business of selling motor fuel claiming any exemption from subsection (A) under the exceptions provided in subsection (B) must keep and maintain records substantiating this claim. These records must be made available to the Office of the Attorney General on request made in connection with any investigation of a possible violation of this section by the Attorney General."

Unfair trade practice exemptions, reference to Department of Consumer Affairs removed

SECTION 2.    Section 39-5-350(B) of the 1976 Code, as amended by Act 161 of 1993, is further amended to read:

"(B)    Any person selling motor fuel at wholesale or retail at a price below the actual cost of acquiring the product, including transportation and taxes, claiming exemption from this article on the basis that such sales of motor fuel by that person are at a price to meet existing competition under subsection (A) shall keep and maintain records substantiating each effort to meet the competition, including the identity and place of business of the competitors whose competition that person is meeting. The records must be made available to the Attorney General on request made in connection with any investigation of a possible violation of this article by the Attorney General."

Time effective

SECTION    3.    This act takes effect upon approval by the Governor.

Ratified the 9th day of May, 2017.

Approved the 10th day of May, 2017.