H. B. 3237
(By Delegate Canterbury (By Request))
[Introduced March 19, 2009; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §47-11A-12b, relating
to making it an unfair trade practice to refuse to refill a
propane gas tank; and providing that the penalties of the
Unfair Trade Practices article apply.
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-12b, to read as
follows:
ARTICLE 11A. UNFAIR TRADE PRACTICES.
§47-11A-12b. Refusal to refill propane gas tank.
A person, firm, partnership, association or corporation, or
agent or employee thereof, may not refuse to refill a propane gas
tank because the owner or lessee of the propane tank did not
purchase or lease the propane tank from that person, firm, partnership, association or corporation, or agent or employee
thereof. Any such refusal constitutes an unfair trade practice
under this article and the penalties set out in this article apply.
NOTE: The purpose of this article is to make it an unfair
trade practice to refuse to refill a propane gas tank based on fact
that tank was purchased or leased somewhere else. The bill also
provides that the penalties of the Unfair Trade Practices article
apply.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.