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Indicates Matter Stricken
Indicates New Matter

A29, R48, S359

STATUS INFORMATION

General Bill
Sponsors: Senator Cromer
Document Path: l:\council\bills\nbd\11097cz17.docx

Introduced in the Senate on February 7, 2017
Introduced in the House on March 22, 2017
Last Amended on May 2, 2017
Passed by the General Assembly on May 4, 2017
Governor's Action: May 10, 2017, Signed

Summary: Unfair trade practices for motor fuel retailers

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
    2/7/2017  Senate  Introduced and read first time (Senate Journal-page 3)
    2/7/2017  Senate  Referred to Committee on Labor, Commerce and Industry 
                        (Senate Journal-page 3)
    3/9/2017  Senate  Committee report: Favorable with amendment Labor, 
                        Commerce and Industry (Senate Journal-page 16)
   3/16/2017  Senate  Committee Amendment Adopted (Senate Journal-page 27)
   3/16/2017  Senate  Read second time (Senate Journal-page 27)
   3/16/2017  Senate  Roll call Ayes-40  Nays-0 (Senate Journal-page 27)
   3/21/2017  Senate  Read third time and sent to House 
                        (Senate Journal-page 15)
   3/22/2017  House   Introduced and read first time (House Journal-page 11)
   3/22/2017  House   Referred to Committee on Judiciary 
                        (House Journal-page 11)
   4/26/2017  House   Committee report: Favorable with amendment Judiciary 
                        (House Journal-page 117)
    5/2/2017  House   Amended (House Journal-page 37)
    5/2/2017  House   Read second time (House Journal-page 37)
    5/2/2017  House   Roll call Yeas-97  Nays-0 (House Journal-page 38)
    5/3/2017  House   Read third time and returned to Senate with amendments 
                        (House Journal-page 11)
    5/4/2017  Senate  Concurred in House amendment and enrolled 
                        (Senate Journal-page 58)
    5/4/2017  Senate  Roll call Ayes-39  Nays-0 (Senate Journal-page 58)
    5/9/2017          Ratified R 48
   5/10/2017          Signed By Governor
   5/17/2017          Effective date 05/10/17
   5/18/2017          Act No. 29

View the latest legislative information at the website

VERSIONS OF THIS BILL

2/7/2017
3/9/2017
3/16/2017
4/26/2017
5/2/2017

(A29, R48, S359)

AN ACT TO AMEND SECTION 39-5-325, CODE OF LAWS OF SOUTH CAROLINA 1976, RELATING TO UNFAIR TRADE PRACTICES FOR MOTOR FUEL RETAILERS, SO AS TO REMOVE REFERENCES TO THE DEPARTMENT OF CONSUMER AFFAIRS; AND TO AMEND SECTION 39-5-350, RELATING TO EXEMPTIONS FROM MERCHANDISING UNFAIR TRADE PRACTICES, SO AS TO REMOVE THE REFERENCES TO THE DEPARTMENT OF CONSUMER AFFAIRS.

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

Unfair trade practice for selling motor fuel below cost exemption, reference to Department of Consumer Affairs removed

SECTION    1.    Section 39-5-325(C) of the 1976 Code, as added by Act 161 of 1993, is amended to read:

"(C)    Any person who is in the retail business of selling motor fuel claiming any exemption from subsection (A) under the exceptions provided in subsection (B) must keep and maintain records substantiating this claim. These records must be made available to the Office of the Attorney General on request made in connection with any investigation of a possible violation of this section by the Attorney General."

Unfair trade practice exemptions, reference to Department of Consumer Affairs removed

SECTION 2.    Section 39-5-350(B) of the 1976 Code, as amended by Act 161 of 1993, is further amended to read:

"(B)    Any person selling motor fuel at wholesale or retail at a price below the actual cost of acquiring the product, including transportation and taxes, claiming exemption from this article on the basis that such sales of motor fuel by that person are at a price to meet existing competition under subsection (A) shall keep and maintain records substantiating each effort to meet the competition, including the identity and place of business of the competitors whose competition that person is meeting. The records must be made available to the Attorney General on request made in connection with any investigation of a possible violation of this article by the Attorney General."

Time effective

SECTION    3.    This act takes effect upon approval by the Governor.

Ratified the 9th day of May, 2017.

Approved the 10th day of May, 2017.

This web page was last updated on June 8, 2017 at 1:52 PM