Senate Bill No. 605
(By Senators Edgell, Facemire, Prezioso and Plymale)
[Introduced March 22, 2013; referred to the Committee on the Judiciary.]
A BILL to repeal §60-9-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §60-9-4 and §60-9-6 of said code, all relating to eliminating duplicative reporting requirements imposed on distributors of imported cigarettes.
Be it enacted by the Legislature of West Virginia:
That §60-9-3 of the Code of West Virginia, 1931, as amended, be repealed; and that §60-9-4 and §60-9-6 of said code be amended and reenacted, all to read as follows:
ARTICLE 9. CIGARETTES PRODUCED FOR EXPORT; IMPORTED CIGARETTES.
§60-9-4. Criminal penalties.
Any person that commits any of the acts prohibited by section two of this article, either knowing or having reason to know he or she is doing so or that fails to comply with any of the requirements of section three of this article, is guilty of a felony and, upon conviction thereof, shall be fined not more than $5,000, or imprisoned in a state correctional facility not more than five years, or both fined and imprisoned.
§60-9-6. Unfair trade practices.
A violation of section two or section three of this article constitutes an unlawful trade practice as provided in article eleven-a, chapter forty-seven of this code and, in addition to any remedies or penalties set forth in this article, is subject to any remedies or penalties for a violation of that article.
The Alcohol Beverage Control Commissioner shall enforce each and every provision of the Unfair Trade Practices Act set forth in article eleven-a, chapter forty-seven of this code with respect to packages of cigarettes with like effect as if said that article were set forth in extenso herein.
NOTE: The purpose of this bill is to eliminate duplicative reporting requirements imposed on distributors of tobacco products.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.