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S 1099
Session 123 (2019-2020) 

S 1099  General Bill, By Talley, Shealy, Turner, Hutto, Sabb, Climer, McLeod, 
Gambrell, Johnson, Campsen, Scott, Williams and Reese
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 61-4-942, SO AS TO PROVIDE THAT A MANUFACTURER, BREWER, OR IMPORTER OF BEER
 SHALL NOT REQUEST OR REQUIRE THAT A WHOLESALER SUBMIT CERTAIN INFORMATION FOR
 BEER BRANDS NOT MANUFACTURED, BREWED, OR IMPORTED BY THE MANUFACTURER, BREWER,
 OR IMPORTER; SHALL NOT MANDATE CERTAIN EMPLOYMENT MATTERS; SHALL NOT REQUEST
 OR REQUIRE A WHOLESALER TO PAY BEER BRAND MARKETING OR ADVERTISING FUNDS;
 SHALL NOT SHIP, INVOICE, OR INITIATE PAYMENT FOR ANY QUANTITY OF BEER IN
 EXCESS OF THAT FORECAST BY A WHOLESALER OR FOR ANY POINT OF SALE ADVERTISING
 OR OTHER ITEMS IN EXCESS OF THAT SPECIFIED BY THE WHOLESALER; SHALL NOT
 ATTRIBUTE ANY FINANCIAL INTEREST TO A WHOLESALER FOR BEER NOT IN THE
 WHOLESALER'S POSSESSION; SHALL NOT REQUEST OR REQUIRE A WHOLESALER TO PAY FOR
 CERTAIN MATTERS PERTAINING TO SOFTWARE OWNED OR MANDATED BY THE MANUFACTURER,
 BREWER, OR IMPORTER; AND SHALL NOT REQUIRE PAYMENT OF A PENALTY BY THE
 WHOLESALER FOR NONCOMPLIANCE WITH ANY REQUIREMENT OF THE MANUFACTURER, BREWER,
 OR IMPORTER, EXCLUDING CERTAIN FEES OR INTEREST.
View full text 02/12/20 Senate Introduced and read first time (Senate Journal-page 3) 02/12/20 Senate Referred to Committee on Judiciary (Senate Journal-page 3) 02/14/20 Senate Referred to Subcommittee: Turner (ch), Hutto, Talley, Cash, Harpootlian 03/11/20 Senate Committee report: Favorable with amendment Judiciary (Senate Journal-page 7) 03/12/20 Scrivener's error corrected 05/12/20 Senate Committee Amendment Adopted (Senate Journal-page 50) 05/12/20 Senate Read second time (Senate Journal-page 50) 05/12/20 Senate Roll call Ayes-37 Nays-0 (Senate Journal-page 50) 05/12/20 Senate Unanimous consent for third reading on next legislative day (Senate Journal-page 50) 05/13/20 Senate Read third time and sent to House (Senate Journal-page 5) 06/24/20 House Introduced and read first time (House Journal-page 32) 06/24/20 House Referred to Committee on Ways and Means (House Journal-page 32)


VERSIONS OF THIS BILL

2/12/2020
3/11/2020
3/12/2020
5/12/2020



S. 1099

COMMITTEE AMENDMENT ADOPTED

May 12, 2020

S. 1099

Introduced by Senators Talley, Shealy, Turner, Hutto, Sabb, Climer, McLeod, Gambrell, Johnson, Campsen, Scott, Williams and Reese

S. Printed 5/12/20--S.

Read the first time February 12, 2020.

            

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-4-942, SO AS TO PROVIDE THAT A MANUFACTURER, BREWER, OR IMPORTER OF BEER SHALL NOT REQUEST OR REQUIRE THAT A WHOLESALER SUBMIT CERTAIN INFORMATION FOR BEER BRANDS NOT MANUFACTURED, BREWED, OR IMPORTED BY THE MANUFACTURER, BREWER, OR IMPORTER; SHALL NOT MANDATE CERTAIN EMPLOYMENT MATTERS; SHALL NOT REQUEST OR REQUIRE A WHOLESALER TO PAY BEER BRAND MARKETING OR ADVERTISING FUNDS; SHALL NOT SHIP, INVOICE, OR INITIATE PAYMENT FOR ANY QUANTITY OF BEER IN EXCESS OF THAT FORECAST BY A WHOLESALER OR FOR ANY POINT OF SALE ADVERTISING OR OTHER ITEMS IN EXCESS OF THAT SPECIFIED BY THE WHOLESALER; SHALL NOT ATTRIBUTE ANY FINANCIAL INTEREST TO A WHOLESALER FOR BEER NOT IN THE WHOLESALER'S POSSESSION; SHALL NOT REQUEST OR REQUIRE A WHOLESALER TO PAY FOR CERTAIN MATTERS PERTAINING TO SOFTWARE OWNED OR MANDATED BY THE MANUFACTURER, BREWER, OR IMPORTER; AND SHALL NOT REQUIRE PAYMENT OF A PENALTY BY THE WHOLESALER FOR NONCOMPLIANCE WITH ANY REQUIREMENT OF THE MANUFACTURER, BREWER, OR IMPORTER, EXCLUDING CERTAIN FEES OR INTEREST.

Amend Title To Conform

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

SECTION    1.    Article 9, Chapter 4, Title 61 of the 1976 Code is amended by adding:

"Section 61-4-942.    Notwithstanding any existing beer distribution agreement to the contrary, a manufacturer, brewer, or importer of beer shall not:

(1)    request 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)    request or require a wholesaler to pay or contribute beer brand marketing or advertising funds for control or expenditure by the manufacturer, brewer, or importer, except a wholesaler may agree and spend funds directly with marketers and advertisers to market and advertise beer brands within the wholesaler's territory;

(4)    ship, invoice or initiate 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, cooperage, dunnage, pallets, and related deposits;

(5)    invoice or initiate electronic funds transfer payment for point of sale advertising specialties or other items exceeding an order placed by a wholesaler;

(6)    attribute risk of loss, ownership or other financial interest to a wholesaler for beer not in the wholesaler's possession;

(7)    request or 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 electronic data in a format compatible with data format standards adopted by a manufacturer, brewer, or importer; or

(8)    request or require a wholesaler to pay a fee or penalty, of any description, for noncompliance with any requirement of the manufacturer, brewer, or importer, excluding fees or interest for untimely payment."

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

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