H. B. 3237


(By Delegate Canterbury (By Request))

[Introduced January 13, 2010; 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.