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Introduced Version House Bill 2137 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 2137


(By Delegate Talbott)
[Introduced February 11, 2009; referred to the
Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.]




A BILL to amend the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §47-11A-5a, relating to prohibiting out-of-state persons or business entities from soliciting business by written advertisement in this state by appearing to be a local or in-state person or business, unless the advertisement shows where the person or business entity is located.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §47-11A-5a, to read as follows:
ARTICLE 11A. UNFAIR TRADE PRACTICES.
§47-11A-5a. Out-of-state persons or businesses restricted from appearing to be local or in-state in written advertisements.

An out-of-state person or business entity that does not have a physical office in this state may not solicit business by written advertisement in this state by acting or appearing to be a local or in-state person or business entity, unless the written advertisement shows where the out-of-state person or business entity is located.



NOTE: The purpose of this bill is to prohibit out-of-state persons or business entities from soliciting business by written advertisement in this state by appearing to be a local or in-state person or business, unless the advertisement shows where the person or business entity is located. This is to prevent out-of-state businesses from advertising locally with eight hundred numbers to solicit customers and then contracting with a local company at a reduced rate to provide a service without paying sales tax.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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