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Introduced Version House Bill 3097 History

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hb3097 intr
H. B. 3097


(By Delegates Staton, Perdue and Hatfield )



[Introduced March 18, 2005; 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 §61-3-59, relating to criminal offenses involving the sale of yo-yo waterball toys.

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 §61-3-59, to read as follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-59. Unlawful sale of Yo-Yo Waterball toy; penalty; revocation of license to sell.

(a) It shall be unlawful for any person, firm, corporation, or association, either foreign or domestic, to sell a Yo-Yo Waterball toy.
(b) For the purposes of this section, "Yo-Yo Waterball toy" means the toy marketed and sold under the name of "Yo-Yo Waterball" and any similar fluid yo-yo toy that includes a rubber ball filled with liquid, attached to a rubber cord.
(c) Any person, firm, corporation, or association, foreign or domestic, who violates the provisions of this section, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall, for the first offense, be fined not less than two thousand five hundred nor more than five thousand dollars; and for a second offense shall be fined not less than five thousand dollars nor more than ten thousand dollars, and in addition thereto, the owner, manager or acting agent of the seller shall be imprisoned in the county or regional jail not less than ten nor more than sixty days; and upon conviction for a third or subsequent offense, shall be fined not less than ten thousand dollars nor more than twenty thousand dollars, and in addition thereto the owner, manager or acting agent of the seller shall be confined in the county or regional jail not less than thirty days nor more than six months, at the discretion of the court, and upon conviction for such third or subsequent offense, in addition to the penalty herein provided, the license of the offender for the sale of merchandise shall be revoked and shall not be renewed for the period of six months from the date of such third conviction, and then only upon the offender executing bond with approved security in the sum of one thousand dollars, conditioned that he, she or it will not violate the provisions of this section.

Note: This bill creates a new criminal misdemeanor offense for the sale of yo-yo waterball toys. The penalty upon a first conviction is a fine of not less than $2,500 nor more than $5,000. A penalty for a second offense is a fine of not less than $5,000 nor more than $10,000, and in addition thereto, the owner, manager or acting agent of the seller shall be imprisoned in the county or regional jail not less than 10 nor more than 60 days; and upon conviction for a third or subsequent offense, the fine shall be fined not less than $10,000 nor more than $20,000, and in addition thereto the owner, manager or acting agent of the seller shall be confined in the county jail not less than 30 days nor more than 6 months, at the discretion of the court, and upon conviction for such third or subsequent offense, in addition to the penalty above, the license of the offender for the sale of merchandise shall be revoked and shall not be renewed for the period of 6 months from the date of such third conviction, and then only upon the offender executing bond with approved security in the sum of $1,000, conditioned that he or it will not violate the provisions of this section.

This section is new; therefore, strike-throughs and underscoring have been omitted.
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