South Carolina General Assembly
123rd Session, 2019-2020

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R166, S1099

STATUS INFORMATION

General Bill
Sponsors: Senators Talley, Shealy, Turner, Hutto, Sabb, Climer, McLeod, Gambrell, Johnson, Campsen, Scott, Williams and Reese
Document Path: l:\s-jud\bills\talley\jud0086.mf.docx

Introduced in the Senate on February 12, 2020
Introduced in the House on June 24, 2020
Last Amended on September 22, 2020
Passed by the General Assembly on September 23, 2020

Summary: Alcohol

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   2/12/2020  Senate  Introduced and read first time (Senate Journal-page 3)
   2/12/2020  Senate  Referred to Committee on Judiciary 
                        (Senate Journal-page 3)
   2/14/2020  Senate  Referred to Subcommittee:  Turner (ch), Hutto, Talley, 
                        Cash, Harpootlian
   3/11/2020  Senate  Committee report: Favorable with amendment Judiciary 
                        (Senate Journal-page 7)
   3/12/2020          Scrivener's error corrected
   5/12/2020  Senate  Committee Amendment Adopted (Senate Journal-page 50)
   5/12/2020  Senate  Read second time (Senate Journal-page 50)
   5/12/2020  Senate  Roll call Ayes-37  Nays-0 (Senate Journal-page 50)
   5/12/2020  Senate  Unanimous consent for third reading on next legislative 
                        day (Senate Journal-page 50)
   5/13/2020  Senate  Read third time and sent to House (Senate Journal-page 5)
   6/24/2020  House   Introduced and read first time (House Journal-page 32)
   6/24/2020  House   Referred to Committee on Ways and Means 
                        (House Journal-page 32)
   9/15/2020  House   Committee report: Favorable with amendment Ways and 
                        Means (House Journal-page 62)
   9/22/2020  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)
   9/22/2020  House   Amended (House Journal-page 105)
   9/22/2020  House   Read second time (House Journal-page 105)
   9/22/2020  House   Roll call Yeas-76  Nays-13 (House Journal-page 105)
   9/23/2020          Scrivener's error corrected
   9/23/2020  House   Read third time and returned to Senate with amendments 
                        (House Journal-page 82)
   9/23/2020  Senate  Concurred in House amendment and enrolled 
                        (Senate Journal-page 138)
   9/23/2020  Senate  Roll call Ayes-30  Nays-4 (Senate Journal-page 138)
   9/25/2020          Ratified R  166

View the latest legislative information at the website

VERSIONS OF THIS BILL

2/12/2020
3/11/2020
3/12/2020
5/12/2020
9/15/2020
9/22/2020
9/23/2020

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

NOTE: THIS IS A TEMPORARY VERSION. THIS DOCUMENT WILL REMAIN IN THIS VERSION UNTIL FINAL APPROVAL BY THE LEGISLATIVE COUNCIL.

(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.

__________________________________________

President of the Senate

___________________________________________

Speaker of the House of Representatives

Approved the ____________ day of _____________________2020.

___________________________________________

Governor

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This web page was last updated on September 25, 2020 at 8:26 PM