H. B. 2806


(By Delegates Henderson and Harrison)
[Introduced February 24, 1995; referred to the
Committee on the Judiciary.]




A BILL to amend article three, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section forty-four-a, relating to creating a misdemeanor offense for any person to remove a gas company "out-of-service" tag from where it has been affixed on a natural gas or propane-fueled heating system or mechanism by a utility company employee; and providing that only utility company employees or repair persons certified as qualified to repair natural gas or propane-fueled heating systems or mechanisms are authorized to remove an "out-of-service" tag and ascertain that the system or mechanism does not have leaks that may cause harm to persons.

Be it enacted by the Legislature of West Virginia:
That article three, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section forty-four-a, to read as follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.

§61-3-44a. Removal of gas company "out-of-service" tag from

gas heating system or mechanism; penalty.
Every person who removes an "out-of-service" tag placed on a natural gas or propane-fueled heating system or mechanism by an authorized employee of a utility company providing natural gas or propane to residential and commercial consumers, who is not an authorized employee of such utility company or a certified repair person qualified to perform repairs on a natural gas or propane-fueled heating system or mechanism, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be confined in the regional jail not exceeding twelve months, or fined not exceeding one thousand dollars, or both, in the discretion of the court.



NOTE: The purpose of this bill is to make it a misdemeanor offense for unauthorized persons to remove an "out-of-service" tag from any natural gas or propane-fueled heating system or mechanism.

This section is new; therefore, strike-throughs and underscoring have been omitted.