South Carolina General Assembly
116th Session, 2005-2006

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Bill 4768

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

COMMITTEE REPORT

May 17, 2006

H. 4768

Introduced by Reps. Harrison, Mack, Rutherford, Sinclair, Brady, Battle, McGee, Ballentine and J.E. Smith

S. Printed 5/17/06--S.

Read the first time April 25, 2006.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 4768) to amend the Code of Laws of South Carolina, 1976, by adding Section 61-2-185 so as to authorize consumers to receive merchandise coupons offered by manufacturers, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass:

DICK ELLIOTT for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

The Department of Revenue reports this bill will have no impact on the General Fund of the State or on federal and/or other funds.

SPECIAL NOTES:

The Board of Economic Advisors is the appropriate entity to address any revenue impact associated with this bill.

Approved By:

Don Addy

Office of State Budget

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-2-185 SO AS TO AUTHORIZE CONSUMERS TO RECEIVE MERCHANDISE COUPONS OFFERED BY MANUFACTURERS, SUPPLIERS, OR IMPORTERS ON THE PURCHASE OF BEER, WINE, AND ALCOHOLIC LIQUOR, TO PROVIDE CONDITIONS AND LIMITATIONS AS TO THE MANNER IN WHICH THE COUPONS MAY BE OFFERED TO CONSUMERS, AND TO PROVIDE PENALTIES FOR VIOLATION.

Amend Title To Conform

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

SECTION    1.    Chapter 2, Title 61 of the 1976 Code is amended by adding:

"Section 61-2-185.    (A)    Notwithstanding any other provision of law, scan-backs and scan-downs are prohibited pursuant to this section. A scan-back or scan-down, for purposes of this section, means a rebate paid to a retailer by a brewer, vintner, manufacturer, distiller, wholesaler, or importer, directly or indirectly, or through a clearinghouse for sales that are recorded by a scanner at the time the consumer purchases certain products of that brewer, vintner, manufacturer, distiller, wholesaler, or importer or to a clearinghouse for payment of the rebate. The provisions of this section do not limit or restrict current coupon practices other than scan-backs and scan-downs, as defined herein, which are not permissible in South Carolina. The provisions of this section do not apply to scan-back or scan-down offers made prior to the effective date of this section.

(B)    Any brewer, vintner, manufacturer, distiller, wholesaler, importer, or retailer violating the provisions of this section are subject to a civil fine of one hundred dollars for each sale recorded by scanner at the time of purchase by the consumer.

(C)    The department shall promulgate regulations to implement the provisions of this section."

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

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