S 1099 {Rat #166, Act #169 of 2020} General Bill, By Talley, Shealy, Turner, Hutto, 
Sabb, Climer, McLeod, Gambrell, Johnson, Campsen, Scott, Williams and Reese
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 61-4-942 SO AS TO PROHIBIT A MANUFACTURER, BREWER, OR IMPORTER OF BEER FROM
 REQUIRING A WHOLESALER TO UNDERTAKE CERTAIN ACTIONS. - ratified title
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   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)
   09/15/20  House  Committee report: Favorable with amendment Ways
                     and Means (House Journal-page 62)
   09/22/20  House  Requests for debate-Rep(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 Journal-page 26)
   09/22/20  House  Amended (House Journal-page 105)
   09/22/20  House  Read second time (House Journal-page 105)
   09/22/20  House  Roll call Yeas-76  Nays-13 (House Journal-page 105)
   09/23/20         Scrivener's error corrected
   09/23/20  House  Read third time and returned to Senate with
                     amendments (House Journal-page 82)
   09/23/20  Senate Concurred in House amendment and enrolled
                     (Senate Journal-page 138)
   09/23/20  Senate Roll call Ayes-30  Nays-4 (Senate Journal-page 138)
   09/25/20         Ratified R  166
   09/30/20         Signed By Governor
   10/07/20         Effective date  09/30/20
   10/07/20         Act No.  169

(A169, R166, S1099)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-4-942 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 acts

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)    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 point-of-sale 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 effective

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

Ratified the 25th day of September, 2020.

Approved the 30th day of September, 2020.