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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 1920 By: Martinez
AS INTRODUCED
An Act relating to alcoholic beverages; providing
that a manufacturer, brewer, or importer of beer
shall not commit certain acts relati ng to beer
distribution; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-128 of Title 37A, unless there
is created a duplication in numbering, reads as follows:
Notwithstanding any existing beer distribution agreement to the
contrary, a manufacturer, brewer, or importer of beer shall not:
1. Coerce or require a wh olesaler 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 paym ent
rates, including incentives;
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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 advance, to spend or con tribute wholesaler funds for a
specified marketing or advertising plan or opportunity;
4. Ship, invoice or initiate electronic funds transfer payment
for any quantity of beer exceeding an order, forecast, or inventory
level specified by a wholesaler or in clude 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 itself place an order and
invoice or initiate electronic funds transfer payment for point of
sale advertising specialties or other items pursuant to a specific
and advance written agreement to do so between the whol esaler and
the manufacturer, brewer, or importer;
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 use or 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 format compatible with data format
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standards adopted or with electronic information systems utilized by
a manufacturer, brewer, or importer.
SECTION 2. This act shall become effective November 1, 2021.
58-1-5609 JL 12/15/20