South Carolina General Assembly
117th Session, 2007-2008

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H. 3038

STATUS INFORMATION

General Bill
Sponsors: Reps. Rice and Mahaffey
Document Path: l:\council\bills\agm\18603mm07.doc

Introduced in the House on January 9, 2007
Currently residing in the House Committee on Labor, Commerce and Industry

Summary: Sales representatives

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/13/2006  House   Prefiled
  12/13/2006  House   Referred to Committee on Labor, Commerce and Industry
    1/9/2007  House   Introduced and read first time HJ-30
    1/9/2007  House   Referred to Committee on Labor, Commerce and Industry 
                        HJ-31
   5/17/2007  House   Member(s) request name added as sponsor: Mahaffey

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/13/2006

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

A BILL

TO AMEND SECTION 39-65-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN CONNECTION WITH THE PAYMENT OF POST-TERMINATION CLAIMS TO SALES REPRESENTATIVES, SO AS TO PROVIDE THAT A SALES REPRESENTATIVE IS ONE WHO SELLS TO BOTH WHOLESALERS AND END USERS AND ONE WHO DOES NOT SELL PRIMARILY FOR HIS OWN ACCOUNT, TO INCLUDE ORDERS FOR PRODUCTS AND SERVICES, TO DEFINE "COMMISSIONS" AS INCLUDING A PERCENTAGE OF PROFITS, AND TO MAKE A TECHNICAL CHANGE.

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

SECTION    1.    Section 39-65-10 of the 1976 Code, as added by Act 489 of 1988, is amended to read:

"Section 39-65-10.    As used in this chapter:

(1)    'Commissions' means compensation accruing to a sales representative for payment by a principal, the rate of which is expressed as a percentage of the amount of orders or sales or profits or as a specified amount of each order or sale.

(2)    'Person' means an individual, corporation, partnership, association, estate, or trust., limited liability corporation, or other entity.

(3)    'Principal' means a person who:

(a)    manufactures, produces, imports, sells, or distributes a tangible product for wholesale or service;

(b)    contracts with a sales representative to solicit orders for the product or service; and

(c)    compensates the sales representative, in whole or in part, by commission.

(4)    "Sales representative" means a person who:

(a)    contracts with a principal to solicit wholesale orders;

(b)    is compensated, in whole or in part, by commission;

(c)    does not place orders or purchase primarily for his own account or for resale; and

(d)    does not sell or take orders for the sale of products to the ultimate consumer individuals."

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

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