H. B. 4544
(By Delegates Amores, C. White, Ashley,
Coleman and Staton)
[Introduced February 20, 2002; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section eleven, article one, chapter
forty-seven of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to prohibiting
certain gasoline price discounting practices; prohibiting
certain practices as violations of weight and measure laws;
authorizing legislative and procedural rules; and, providing
for injunctive relief of violations.
Be it enacted by the Legislature of West Virginia:
That section eleven, article one, and section six, article
eleven-a of chapter forty-seven of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended and
reenacted, to read as follows:
CHAPTER 47. REGULATION OF TRADE
ARTICLE 1. WEIGHTS AND MEASURES
§ 47-1-11. Requirements for motor fuel.
(a) The uniform regulation for motor fuel as adopted by the
national conference on weights and measures and published in
national institute of standards and technology handbook 130,
"Uniform Laws and Regulations" and supplements thereto and
revisions thereof, shall apply to motor fuel quality in the state,
except insofar as modified or rejected by legislative rule.
(b) It shall be a unfair and deceptive dealing by weight and
measure to price gasoline pursuant to section nineteen of this
article to provide discounts that allow the selling of gasoline
below minimum markup as required by law. In addition to the civil
penalties provided in section twenty-two of this article, the
commissioner may by civil action enjoin the person from further gas
pricing reductions
. The commissioner is authorized to promulgate
legislative rules, pursuant to article three, chapter twenty-nine-a
of this code, to effectuate the provisions of this subsection.
NOTE: The purpose of this bill is
to make it a violation of
the weights and measures law to sell gasoline below lawful price
limits.
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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