South Carolina General Assembly
112th Session, 1997-1998

Bill 391


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                       391
Type of Legislation:               General Bill GB
Introducing Body:                  Senate
Introduced Date:                   19970219
Primary Sponsor:                   Ford 
All Sponsors:                      Ford 
Drafted Document Number:           gjk\20099sd.97
Residing Body:                     Senate
Current Committee:                 Transportation Committee 15
                                   ST
Subject:                           Motor vehicle salesman, manner
                                   in which commission determined,
                                   dealers, wholesalers



History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

Senate  19970219  Introduced, read first time,             15 ST
                  referred to Committee

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-15-35 SO AS TO PROVIDE FOR THE MANNER IN WHICH THE COMMISSION OF AN AUTOMOBILE SALESMAN ON A FULL OR PARTIAL COMMISSION BASIS IS DETERMINED WHEN THE SALESMAN HAS SOLD A PRIVATE PASSENGER AUTOMOBILE, VAN, OR TRUCK.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 56-15-35. An automobile salesman who is compensated on a full or partial commission basis when selling a new or used private passenger automobile, van, or truck shall have his commission determined on the total profit made on the sale by the dealership computed in the manner required by this section. The dealer in determining the total profit made on the sale may not first allocate to itself any items not reflected as a cost of the vehicle on the vehicle invoice or bill of sale before arriving at the profit figure which is used as a basis for the salesman's commission. However, the total profit shall include items not shown on the vehicle invoice or bill of sale, such as financing profits or manufacturer's hold-back allocations, if these items are a component of the total profit on which the salesman's commission is based as agreed to between the dealer and the salesman."

SECTION 2. This act takes effect upon approval by the Governor.

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