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H. 4897
STATUS INFORMATION
General Bill
Sponsors: Rep. Rice
Document Path: l:\council\bills\agm\18287mm06.doc
Introduced in the House on March 27, 2006
Currently residing in the House Committee on Labor, Commerce and Industry
Summary: Sales representatives
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 3/27/2006 House Introduced and read first time HJ-8 3/27/2006 House Referred to Committee on Labor, Commerce and Industry HJ-8
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 39-65-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN CONNECTION WITH THE PAYMENT OF POST-TERMINATION CLAIMS TO SALES REPRESENTATIVES, SO AS TO PROVIDE THAT A SALES REPRESENTATIVE IS ONE WHO SELLS TO BOTH WHOLESALERS AND END USERS AND ONE WHO DOES NOT SELL PRIMARILY FOR HIS OWN ACCOUNT, TO INCLUDE ORDERS FOR PRODUCTS AND SERVICES, TO DEFINE "COMMISSIONS" AS INCLUDING A PERCENTAGE OF PROFITS, AND TO MAKE A TECHNICAL CHANGE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 39-65-10 of the 1976 Code, as added by Act 489 of 1988, is amended to read:
"Section 39-65-10. As used in this chapter:
(1) 'Commissions' means compensation accruing to a sales representative for payment by a principal, the rate of which is expressed as a percentage of the amount of orders or sales or profits or as a specified amount of each order or sale.
(2) 'Person' means an individual, corporation, partnership, association, estate, or trust., limited liability corporation, or other entity.
(3) 'Principal' means a person who:
(a) manufactures, produces, imports, sells, or distributes a tangible product for wholesale or service;
(b) contracts with a sales representative to solicit orders for the product or service; and
(c) compensates the sales representative, in whole or in part, by commission.
(4) "Sales representative" means a person who:
(a) contracts with a principal to solicit wholesale orders;
(b) is compensated, in whole or in part, by commission;
(c) does not place orders or purchase primarily for his own account or for resale; and
(d) does not sell or take orders for the sale of products to the ultimate consumer individuals."
SECTION 2. This act takes effect upon approval by the Governor.
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