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.
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