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Introduced Version Senate Bill 102 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 102

(By Senator White)

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[Introduced January 13, 2010; referred to the Committee the Judiciary.]

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A BILL to amend and reenact §46A-6J-5 of the Code of West Virginia, 1931, as amended, relating to giving the office of the Attorney General the power to investigate and charge, at any time, home heating oil, gasoline or other motor fuel price gouging.

Be it enacted by the Legislature of West Virginia:
That §46A-6J-5 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 6J. PROTECTION OF CONSUMERS FROM PRICE GOUGING AND UNFAIR PRICING PRACTICES DURING AND SHORTLY AFTER A STATE OF EMERGENCY.

§46A-6J-5. Penalties, remedies and enforcement.
(a) A violation of this article is an unfair or deceptive act or practice within the meaning of section one hundred two, article six of this chapter and is subject to the enforcement provisions and remedies provided by this chapter.
(b) Any person violating the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000, or confined the county or regional in jail not more than one year, or both.
(c) The remedies and penalties provided by this article are cumulative, and do not prohibit any other remedy or punishment available under the laws of this state.
(d) Notwithstanding any contrary provisions in this article, the Office of the Attorney General of this state shall investigate and charge at any time any person, contractor, business or other entity selling or offering to sell to any person home heating oil, gasoline or other motor fuels for a price unreasonably greater than ten percent above the prevailing market price. A person, contractor, business or other entity in violation of this subsection (d) is subject to the penalties and remedies of this section. The Office of the Attorney General may petition any circuit court of this state for the issuance of a temporary restraining order or injunction or for any other remedy, as may be appropriate, to compel a person, contractor, business or other entity to comply with this subsection (d). In the event the state substantially prevails in any action against a person, contractor, business or other entity for violation of a provision of this article, the state shall be awarded reasonable attorneys' fees and costs incurred in such action, and the offending party shall be liable for the attorneys' fees and costs.



NOTE: The purpose of this bill is to give the Office of the Attorney General the power to investigate and charge home heating oil, gasoline or other motor fuel price gouging, at any time.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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