Amended IN Senate April 25, 2022 Amended IN Senate March 16, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1247Introduced by Senator HuesoFebruary 17, 2022 An act to add Chapter 4 (commencing with Section 17820) to Part 3 of Division 7 of the Business and Professions Code, relating to business.LEGISLATIVE COUNSEL'S DIGESTSB 1247, as amended, Hueso. Product sales: incentives.Existing law regulates various businesses to, among other things, preserve and regulate competition, prohibit unfair trade practices, and regulate advertising. Existing law establishes the Franchise Tax Board in the Government Operations Agency to, among other things, administer state personal income taxes and corporation franchise and income taxes. This bill would require any manufacturer, wholesaler, or other entity that does business in the state and that offers a rebate, promotion, allowance, or any other monetary incentive for the sale of that entitys product to a retail business that does business in the state to report the amount of the rebate, promotion, allowance, or other monetary incentive to the Franchise Tax Board. This This bill would also require any agreement requiring a person to assign their rights to a rebate, promotion, allowance, or other monetary incentive for the sale of a product within the state to include the potential or current value of that rebate, promotion, allowance, or other monetary incentive.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YESNO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 4 (commencing with Section 17820) is added to Part 3 of Division 7 of the Business and Professions Code, to read: CHAPTER 4. Rebates promotions and incentives Rebates, Promotions, and Incentives17820.Any manufacturer, wholesaler, or other entity that does business in the state and that offers a rebate, promotion, allowance, or any other monetary incentive for the sale of that entitys product to a retail business that does business in the state shall report the amount of the rebate, promotion, allowance, or other monetary incentive to the Franchise Tax Board.17821.17820. (a) Any agreement that requires the assignment of a persons right to a rebate, promotion, allowance, or other monetary incentive for the sale of a product within the state shall include the potential or current value of the rebate, promotion, allowance, or other incentive.(b) For purposes of this section, person shall have the meaning set forth in subdivision (b) of Section 17700.
Amended IN Senate April 25, 2022 Amended IN Senate March 16, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1247Introduced by Senator HuesoFebruary 17, 2022 An act to add Chapter 4 (commencing with Section 17820) to Part 3 of Division 7 of the Business and Professions Code, relating to business.LEGISLATIVE COUNSEL'S DIGESTSB 1247, as amended, Hueso. Product sales: incentives.Existing law regulates various businesses to, among other things, preserve and regulate competition, prohibit unfair trade practices, and regulate advertising. Existing law establishes the Franchise Tax Board in the Government Operations Agency to, among other things, administer state personal income taxes and corporation franchise and income taxes. This bill would require any manufacturer, wholesaler, or other entity that does business in the state and that offers a rebate, promotion, allowance, or any other monetary incentive for the sale of that entitys product to a retail business that does business in the state to report the amount of the rebate, promotion, allowance, or other monetary incentive to the Franchise Tax Board. This This bill would also require any agreement requiring a person to assign their rights to a rebate, promotion, allowance, or other monetary incentive for the sale of a product within the state to include the potential or current value of that rebate, promotion, allowance, or other monetary incentive.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YESNO Local Program: NO
Amended IN Senate April 25, 2022 Amended IN Senate March 16, 2022
Amended IN Senate April 25, 2022
Amended IN Senate March 16, 2022
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Senate Bill
No. 1247
Introduced by Senator HuesoFebruary 17, 2022
Introduced by Senator Hueso
February 17, 2022
An act to add Chapter 4 (commencing with Section 17820) to Part 3 of Division 7 of the Business and Professions Code, relating to business.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 1247, as amended, Hueso. Product sales: incentives.
Existing law regulates various businesses to, among other things, preserve and regulate competition, prohibit unfair trade practices, and regulate advertising. Existing law establishes the Franchise Tax Board in the Government Operations Agency to, among other things, administer state personal income taxes and corporation franchise and income taxes. This bill would require any manufacturer, wholesaler, or other entity that does business in the state and that offers a rebate, promotion, allowance, or any other monetary incentive for the sale of that entitys product to a retail business that does business in the state to report the amount of the rebate, promotion, allowance, or other monetary incentive to the Franchise Tax Board. This This bill would also require any agreement requiring a person to assign their rights to a rebate, promotion, allowance, or other monetary incentive for the sale of a product within the state to include the potential or current value of that rebate, promotion, allowance, or other monetary incentive.
Existing law regulates various businesses to, among other things, preserve and regulate competition, prohibit unfair trade practices, and regulate advertising.
Existing law establishes the Franchise Tax Board in the Government Operations Agency to, among other things, administer state personal income taxes and corporation franchise and income taxes.
This bill would require any manufacturer, wholesaler, or other entity that does business in the state and that offers a rebate, promotion, allowance, or any other monetary incentive for the sale of that entitys product to a retail business that does business in the state to report the amount of the rebate, promotion, allowance, or other monetary incentive to the Franchise Tax Board. This
This bill would also require any agreement requiring a person to assign their rights to a rebate, promotion, allowance, or other monetary incentive for the sale of a product within the state to include the potential or current value of that rebate, promotion, allowance, or other monetary incentive.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Chapter 4 (commencing with Section 17820) is added to Part 3 of Division 7 of the Business and Professions Code, to read: CHAPTER 4. Rebates promotions and incentives Rebates, Promotions, and Incentives17820.Any manufacturer, wholesaler, or other entity that does business in the state and that offers a rebate, promotion, allowance, or any other monetary incentive for the sale of that entitys product to a retail business that does business in the state shall report the amount of the rebate, promotion, allowance, or other monetary incentive to the Franchise Tax Board.17821.17820. (a) Any agreement that requires the assignment of a persons right to a rebate, promotion, allowance, or other monetary incentive for the sale of a product within the state shall include the potential or current value of the rebate, promotion, allowance, or other incentive.(b) For purposes of this section, person shall have the meaning set forth in subdivision (b) of Section 17700.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Chapter 4 (commencing with Section 17820) is added to Part 3 of Division 7 of the Business and Professions Code, to read: CHAPTER 4. Rebates promotions and incentives Rebates, Promotions, and Incentives17820.Any manufacturer, wholesaler, or other entity that does business in the state and that offers a rebate, promotion, allowance, or any other monetary incentive for the sale of that entitys product to a retail business that does business in the state shall report the amount of the rebate, promotion, allowance, or other monetary incentive to the Franchise Tax Board.17821.17820. (a) Any agreement that requires the assignment of a persons right to a rebate, promotion, allowance, or other monetary incentive for the sale of a product within the state shall include the potential or current value of the rebate, promotion, allowance, or other incentive.(b) For purposes of this section, person shall have the meaning set forth in subdivision (b) of Section 17700.
SECTION 1. Chapter 4 (commencing with Section 17820) is added to Part 3 of Division 7 of the Business and Professions Code, to read:
### SECTION 1.
CHAPTER 4. Rebates promotions and incentives Rebates, Promotions, and Incentives17820.Any manufacturer, wholesaler, or other entity that does business in the state and that offers a rebate, promotion, allowance, or any other monetary incentive for the sale of that entitys product to a retail business that does business in the state shall report the amount of the rebate, promotion, allowance, or other monetary incentive to the Franchise Tax Board.17821.17820. (a) Any agreement that requires the assignment of a persons right to a rebate, promotion, allowance, or other monetary incentive for the sale of a product within the state shall include the potential or current value of the rebate, promotion, allowance, or other incentive.(b) For purposes of this section, person shall have the meaning set forth in subdivision (b) of Section 17700.
CHAPTER 4. Rebates promotions and incentives Rebates, Promotions, and Incentives17820.Any manufacturer, wholesaler, or other entity that does business in the state and that offers a rebate, promotion, allowance, or any other monetary incentive for the sale of that entitys product to a retail business that does business in the state shall report the amount of the rebate, promotion, allowance, or other monetary incentive to the Franchise Tax Board.17821.17820. (a) Any agreement that requires the assignment of a persons right to a rebate, promotion, allowance, or other monetary incentive for the sale of a product within the state shall include the potential or current value of the rebate, promotion, allowance, or other incentive.(b) For purposes of this section, person shall have the meaning set forth in subdivision (b) of Section 17700.
CHAPTER 4. Rebates promotions and incentives Rebates, Promotions, and Incentives
CHAPTER 4. Rebates promotions and incentives Rebates, Promotions, and Incentives
Any manufacturer, wholesaler, or other entity that does business in the state and that offers a rebate, promotion, allowance, or any other monetary incentive for the sale of that entitys product to a retail business that does business in the state shall report the amount of the rebate, promotion, allowance, or other monetary incentive to the Franchise Tax Board.
17821.17820. (a) Any agreement that requires the assignment of a persons right to a rebate, promotion, allowance, or other monetary incentive for the sale of a product within the state shall include the potential or current value of the rebate, promotion, allowance, or other incentive.(b) For purposes of this section, person shall have the meaning set forth in subdivision (b) of Section 17700.
17821.17820. (a) Any agreement that requires the assignment of a persons right to a rebate, promotion, allowance, or other monetary incentive for the sale of a product within the state shall include the potential or current value of the rebate, promotion, allowance, or other incentive.
(b) For purposes of this section, person shall have the meaning set forth in subdivision (b) of Section 17700.