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A14, R34, H3218
Sponsors: Reps. Harrison, G. Brown, Thompson and Mack
Document Path: l:\council\bills\gjk\20051sd07.doc
Companion/Similar bill(s): 432, 3624
Introduced in the House on January 11, 2007
Introduced in the Senate on March 13, 2007
Last Amended on April 5, 2007
Passed by the General Assembly on April 18, 2007
Governor's Action: May 2, 2007, Signed
Summary: Beer and wine
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/11/2007 House Introduced and read first time HJ-274 1/11/2007 House Referred to Committee on Labor, Commerce and Industry HJ-275 1/18/2007 House Member(s) request name added as sponsor: G.Brown 1/23/2007 House Member(s) request name added as sponsor: Thompson 2/7/2007 House Member(s) request name added as sponsor: Mack 3/7/2007 House Committee report: Favorable with amendment Labor, Commerce and Industry HJ-1 3/8/2007 House Amended HJ-28 3/8/2007 House Read second time HJ-29 3/8/2007 House Unanimous consent for third reading on next legislative day HJ-29 3/9/2007 House Read third time and sent to Senate HJ-2 3/13/2007 Senate Introduced and read first time SJ-13 3/13/2007 Senate Referred to Committee on Judiciary SJ-13 3/26/2007 Senate Referred to Subcommittee: Gregory (ch), Elliott, Anderson, Ritchie, Cleary 3/28/2007 Senate Committee report: Favorable with amendment Judiciary SJ-30 3/29/2007 Senate Committee Amendment Amended and Adopted SJ-46 3/30/2007 Scrivener's error corrected 4/5/2007 Senate Amended SJ-33 4/5/2007 Senate Read second time SJ-33 4/5/2007 Senate Unanimous consent for third reading on next legislative day SJ-33 4/9/2007 Senate Read third time and returned to House with amendments SJ-1 4/9/2007 Scrivener's error corrected 4/11/2007 House Debate adjourned on Senate amendments until Wednesday, April 18, 2007 HJ-32 4/18/2007 House Debate adjourned on amendments HJ-95 4/18/2007 House Concurred in Senate amendment and enrolled HJ-125 4/26/2007 Ratified R 34 5/2/2007 Signed By Governor 5/8/2007 Copies available 5/8/2007 Effective date 05/02/07 5/14/2007 Act No. 14
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VERSIONS OF THIS BILL
(A14, R34, H3218)
AN ACT TO AMEND SECTION 61-4-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF BEERS, ALES, PORTERS, AND WINES THAT ARE CONSIDERED NONALCOHOLIC BEVERAGES, SO AS TO INCREASE THE PERCENT OF ALCOHOL BY WEIGHT IN BEERS, ALES, PORTERS, AND SIMILAR MALT BEVERAGES FOR SPECIFIC SIZED CONTAINERS THAT ARE CONSIDERED NONALCOHOLIC BEVERAGES; AND TO AMEND SECTION 61-4-1115, AS AMENDED, RELATING TO AGREEMENTS BETWEEN IMPORTERS AND FOREIGN BREWERS OF BEER WHICH ARE BINDING ON SUCCESSOR IMPORTERS, SO AS TO REVISE THE PROVISIONS OF THIS SECTION SO THAT THE PROVISIONS ALSO APPLY TO DOMESTIC BRANDS OF BEER AND TO STIPULATE THAT WHEN A PRODUCER OR PRIMARY AMERICAN SOURCE OF SUPPLY TRANSFERS, CONVEYS, OR ASSIGNS A BRAND OF BEER TO ANOTHER PRODUCER OR PRIMARY AMERICAN SOURCE OF SUPPLY, THE ASSIGNMENT OF TERRITORY OF THAT BRAND TO A WHOLESALER, AS REQUIRED BY LAW, IS BINDING ON THE SUCCESSOR PRODUCER OR PRIMARY AMERICAN SOURCE OF SUPPLY.
Be it enacted by the General Assembly of the State of South Carolina:
Percent of alcohol by weight revised
SECTION 1. Section 61-4-10 of the 1976 Code, as last amended by Act 415 of 1996, is further amended to read:
"Section 61-4-10. The following are declared to be nonalcoholic and nonintoxicating beverages:
(1) all beers, ales, porters, and other similar malt or fermented beverages containing not in excess of five percent of alcohol by weight;
(2) all beers, ales, porters, and other similar malt of fermented beverages containing more than five percent but less than fourteen percent of alcohol by weight that are manufactured, distributed, or sold in containers of ten ounces or more or the metric equivalent; and
(3) all wines containing not in excess of twenty-one percent of alcohol by volume."
American brands added; applicability of agreements
SECTION 2. Section 61-4-1115 of the 1976 Code, as last amended by Act 173 of 2005, is further amended to read:
"Section 61-4-1115. For the purpose of this article, when a producer, as defined in Section 61-4-300, or the primary American source of supply, as defined in Section 61-4-340, who is registered to sell beer to wholesalers in this State, transfers, conveys, or assigns a brand of beer to another producer or primary American source of supply, the assignment of territory of that brand to a wholesaler, required pursuant to Section 61-4-1300, is binding on the successor producer or primary American source of supply. The successor producer or primary American source of supply and the existing wholesaler shall, in good faith, enter into a new distribution agreement that is not inconsistent with the laws of this State."
SECTION 3. This act takes effect upon approval by the Governor.
Ratified the 26th day of April, 2007.
Approved the 2nd day of May, 2007.
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