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Introduced Version Senate Bill 30 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 30

(By Senators White and Hunter)

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[Introduced January 9, 2008; referred to the Committee on the Judiciary.]

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A BILL to amend and reenact §46A-6J-3 and §46A-6J-5 of the Code of West Virginia, 1931, as amended, all 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-3 and §46A-6J-5 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all 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-3. Prohibited unfair pricing practices.
(a) Upon the declaration of a state of emergency, and continuing for the existence of the state of emergency or for thirty days following the declaration, whichever period is longer, it is unlawful for any person, contractor, business or other entity to sell or offer to sell to any person in the area subject to the declaration any consumer food items, essential consumer items, goods used for emergency cleanup, emergency supplies, medical supplies, home heating oil, building materials, housing, transportation, freight and storage services or gasoline or other motor fuels for a price greater than ten percent above the price charged by that person for those goods or services on the tenth day immediately preceding the declaration of emergency, unless the increase in price was directly attributable to additional costs imposed on the seller by the supplier of the goods or directly attributable to additional costs for labor or materials used to provide the services. Provided, That In those situations where the increase in price is attributable to additional costs imposed by the seller's supplier or additional costs of providing the good or service during the state of emergency, the price is no greater than ten percent above the total of the cost to the seller plus the markup customarily applied by the seller for that good or service in the usual course of business on the tenth day immediately preceding the declaration.
(b) Upon the declaration of a state of emergency, and for a period of one hundred eighty days following that declaration, it is unlawful for any contractor to sell or offer to sell any repair or reconstruction services or any services used in emergency cleanup in the area subject to the declaration for a price greater than ten percent above the price charged by that person for those services on the tenth day immediately preceding the declaration, unless the increase in price was directly attributable to additional costs imposed on it by the supplier of the goods or directly attributable to additional costs for labor or materials used to provide the services. Provided, That In those situations where the increase in price is attributable to the additional costs imposed by the contractor's supplier or additional costs of providing the service, the price is no greater than ten percent above the total of the cost to the contractor plus the markup customarily applied by the contractor for that good or service in the usual course of business on the tenth day immediately preceding to the declaration of the state of emergency.
(c) Any business offering an item for sale at a reduced price ten days immediately prior to the declaration of the state of emergency may use the price at which it usually sells the item to calculate the price pursuant to subsection (a) or (b) of this section.
(d) The price restrictions imposed by this article may be limited or terminated by proclamation of the Governor.
§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 one thousand dollars, 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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