H. B. 2089
(By Delegates Amores, Ashley, Coleman and Staton)
[Introduced January 10, 2003; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section eleven, article one, chapter
forty-seven of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to prohibiting
certain gasoline price discounting practices; prohibiting
certain practices as violations of weight and measure laws;
authorizing legislative and procedural rules; and providing
for injunctive relief of violations.
Be it enacted by the Legislature of West Virginia:
That section eleven, article one, chapter forty-seven of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 1. WEIGHTS AND MEASURES.
§47-1-11. Requirements for motor fuel.
(a) The uniform regulation for motor fuel as adopted by the
national conference on weights and measures and published in national institute of standards and technology handbook 130,
"Uniform Laws and Regulations" and supplements thereto and
revisions thereof, shall apply to motor fuel quality in the state,
except insofar as modified or rejected by legislative rule.
(b) It shall be an unfair and deceptive practice under section
nineteen of this article to discount the price of gasoline below
minimum markup as required by law. In addition to the civil
penalties provided in section twenty-two of this article, the
commissioner may, by civil action, enjoin a violator from further
gas pricing reductions
. The commissioner is directed to propose
legislative rules, pursuant to article three, chapter twenty-nine-a
of this code, to implement the provisions of this subsection.
NOTE: The purpose of this bill is
to make it a violation of
the weights and measures law to sell gasoline below lawful price
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would