H. B. 2362
(By Delegates Stalnaker and Michael)
[Introduced February 15, 2005; referred to the
Committee on Political Subdivisions then the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §8-12-5e, relating to
restricting political subdivisions of the state from
conducting businesses selling tangible personal property in
competition with private enterprises.
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 §8-12-5e, to read as
ARTICLE 12. GENERAL AND SPECIFIC POWERS, DUTIES AND ALLIED
RELATIONS OF MUNICIPALITIES, GOVERNING BODIES AND
MUNICIPAL OFFICERS AND EMPLOYEES; SUITS AGAINST
§8-12-5e. Political subdivisions of the state may not compete with
private enterprises, exception.
No political subdivision of the state may sell in competition
with privately owned enterprises any tangible personal property,
except that for which a regulatory agency of the state has approved
and established a price therefor.
NOTE: The purpose of this bill is to prevent political
subdivisions of the state from selling goods in competition with
is new; therefore, strike-throughs and
underscoring have been omitted.