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.