H. B. 2997
(By Delegate Staton)
[Introduced February 26, 1999; referred
to the Committee on the Judiciary.]
A BILL to amend and reenact section eight, article eleven-a,
chapter forty-seven of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to excepting
certain gas pricing from being considered unfair trade
practices.
Be it enacted by the Legislature of West Virginia:
That section eight, article eleven-a, 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:
ARTICLE 11A. UNFAIR TRADE PRACTICES
§47-11A-8. Sales exempt.
The provisions of this article shall not apply to any sale
made:
(a) In closing out in good faith the owner's retailer's stock
or any part thereof for the purpose of discontinuing his trade in any such stock or commodity, and in the case of the sale of
seasonal goods or to the bona fide sale of perishable goods to
prevent loss to the vendor by spoilage or depreciation;
(b) When the goods are damaged or deteriorated in quality or
where merchandise is sold in bona fide clearance sales, and, in
each case, merchandise is advertised, marked and sold as such;
(c) By an officer acting under the orders of any court;
(d) In an endeavor in good faith to meet the legal prices of
a competitor as herein defined selling the same article, product or
item of merchandise, in the same locality or trade area: Provided,
That for the purposes of this subdivision, when determining whether
retail sales of gasoline are a good faith effort to meet the legal
prices of a competitor, the retailers of gasoline's locality or
trade area is fifty miles from the retailers business location.
(e) For charitable purposes or to relief agencies;
(f) Where merchandise is sold on contract to departments of
the government or governmental institutions.
Note: The purpose of this bill is to except certain gas sales from
being considered unfair trade practices.