West Virginia 2020 Regular Session Status: Enacted 1 R cosponsors

SB 208 — Protecting consumers from unfair pricing practices during state of emergency

Last action — Chapter 52, Acts, Regular Session, 2020

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 09, 2020. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

36 added · 49 removed

Plain-language change summary

The updated version of Bill SB 208 removes references to federal emergency declarations, thereby focusing solely on state-declared emergencies. This change streamlines the bill, making it clearer that it regulates price increases for essential goods and services only during state emergencies. By eliminating references to federal involvement, the bill could help ensure quicker local responses to price gouging and protect consumers in times of crisis. This is important because it simplifies enforcement and enhances consumer protection when disasters strike.

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NEWS RELEASES HELPFUL LINKS SB208 SUB1 « Senate Bill 208 History OTHER VERSIONS  —  Enrolled Version - Final Version  |  Introduced Version  |   |  Email Key:
NEWS RELEASES HELPFUL LINKS Enrolled Version - Final Version « Senate Bill 208 History OTHER VERSIONS  —  Committee Substitute (1)  |  Introduced Version  |   |  Email Key:
Red = new code to be enacted WEST virginia legislature regular session Committee Substitute for Senate Bill 208 Senator Tarr, original sponsor [Originating in the Committee on the Judiciary;
Red = new code to be enacted WEST virginia legislature regular session Enrolled Committee Substitute for Senate Bill 208 Senator Tarr, original sponsor [Passed March 3, 2020;
reported on February 5, 2020]     A BILL to amend and reenact §46A-6J-2 and §46A-6J-3 of the Code of West Virginia, 1931, as amended, all relating to the protection of consumers from price gouging and unfair pricing practices during and shortly after a state of emergency;
in effect 90 from passage]     AN ACT to amend and reenact §46A-6J-2 and §46A-6J-3 of the Code of West Virginia, 1931, as amended, all relating to the protection of consumers from price gouging and unfair pricing practices during and shortly after a state of emergency;
or in which a major disaster declaration or emergency declaration has been issued by the president of the United States pursuant to the provisions of U.
(l) “State of preparedness” means the situation existing before a disaster or large-scale threat in which a state of preparedness has been declared by the Governor or by the Legislature pursuant to the provisions of §15-5-6 of this code.
S.
C.
§ 5122 (l) “State of preparedness” means the situation existing before a disaster or large-scale threat in which a state of preparedness has been declared by the Governor or by the Legislature pursuant to the provisions of §15-5-6 of this code.
Provided, however, That where a supplier of gasoline or other motor fuels cannot determine their its daily costs, the supplier may sell gasoline or other motor fuels to distributers on any day at a rate not to exceed the average of the Oil Price Information Service’s average wholesale rack price for that product at the Montvale/Roanoke, Virginia, Fairfax, Virginia, and Pittsburgh, Pennsylvania, wholesale racks for the previous day.
Provided, however, That where a supplier of gasoline or other motor fuels cannot determine its daily costs, the supplier may sell gasoline or other motor fuels to distributers on any day at a rate not to exceed the average of the Oil Price Information Service’s average wholesale rack price for that product at the Montvale/Roanoke, Virginia, Fairfax, Virginia, and Pittsburgh, Pennsylvania, wholesale racks for the previous day.
(d) Whenever the Governor declares a state of preparedness, the provisions of this article shall only apply to those items or services specifically set forth in the proclamation.
(d) Whenever the Governor declares a state of preparedness, the provisions of this article only apply to those items or services specifically set forth in the proclamation.
(e) The price restrictions imposed by this article may be limited or terminated by proclamation of the Governor.
(e) On the 15th day after the declaration of a state of emergency, and each 15th day thereafter for so long as the state of emergency persists, the Governor shall review the scope of goods to which this article applies and may issue a proclamation maintaining, limiting, terminating, or extending the price restrictions imposed by this article with respect to any categories of goods.
On the 15th day after the declaration of a state of emergency, and each 15th day thereafter for so long as the state of emergency persists, the Governor shall review the scope of goods to which this article applies and may issue a proclamation maintaining, limiting, terminating, or extending the price restrictions imposed by this article with respect to any categories of goods.
  NOTE:
The purpose of this bill is to modify the time period for which prices for certain goods may not be changed following a state of emergency.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
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Action History

  1. Chapter 52, Acts, Regular Session, 2020

  2. Approved by Governor 3/25/20

  3. To Governor 3/13/20

  4. Approved by Governor 3/25/20 - House Journal

  5. Approved by Governor 3/25/20 - Senate Journal

  6. To Governor 3/13/20 - House Journal

  7. To Governor 3/13/20 - Senate Journal

  8. House Message received

  9. Completed legislative action

  10. Communicated to Senate

  11. Passed House (Roll No. 449)

  12. Read 3rd time

  13. On 3rd reading, Special Calendar

  14. Read 2nd time

  15. On 2nd reading, Special Calendar

  16. Read 1st time

  17. On 1st reading, Special Calendar

  18. Do pass

  19. To House Judiciary

  20. To Judiciary

  21. Introduced in House

  22. Ordered to House

  23. Passed Senate (Roll No. 106)

  24. Read 3rd time

  25. On 3rd reading

  26. Read 2nd time

  27. Laid over on 2nd reading 2/7/20

  28. On 2nd reading

  29. Read 1st time

  30. On 1st reading

  31. Committee substitute reported

  32. To Judiciary

  33. Introduced in Senate

  34. To Judiciary

  35. Filed for introduction

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 151 not signed on · 2 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (151)

151 members have not signed on to this bill.

Show all 151 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

PASSAGE

Passed 95 Yea · 3 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 22201
Unaffiliated 68101
Democrat 5000
Total 95302
% of votes cast 95%3%0%2%
How each member voted (100)
Member Party Vote
Doyle — Yea
Rodighiero — Yea
Angelucci — Yea
Kessinger — Yea
Rowan — Yea
Atkinson — Yea
Espinosa — Yea
Kump — Yea
Rowe — Yea
Estep-Burton — Yea
Lavender-Bowe — Yea
Shott — Yea
Barnhart — Yea
Evans — Yea
Linville — Yea
Skaff — Yea
Fast — Yea
Little — Yea
Sponaugle — Yea
Fleischauer — Yea
Longstreth — Yea
Staggers — Yea
Bates — Yea
Lovejoy — Yea
Steele — Yea
Bibby — Yea
Foster — Yea
Mandt — Yea
Storch — Yea
Boggs — Yea
Graves — Yea
Summers — Yea
Brown, N. — Yea
Hamrick — Yea
Swartzmiller — Yea
Brown, S. — Yea
Hanna — Yea
Maynard — Yea
Sypolt — Yea
Miley — Yea
Thompson, C. — Yea
Byrd — Yea
Hardy — Yea
Thompson, R. — Yea
Cadle — Yea
Hartman — Yea
Nelson — Yea
Tomblin — Yea
Hicks — Yea
Pack — Yea
Canestraro — Yea
Higginbotham — Yea
Paynter — Yea
Walker — Yea
Capito — Yea
Hill — Yea
Pethtel — Yea
Waxman — Yea
Caputo — Yea
Phillips — Yea
Westfall — Yea
Porterfield — Yea
Cowles — Yea
Householder — Yea
Pyles — Yea
Zukoff — Yea
Diserio — Yea
Robinson — Yea
Jeffries, J. — Nay
Wilson — Not Voting
Evan Hansen Democrat Yea
John Williams Democrat Yea
Mike Pushkin Democrat Yea
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Yea
Ben Queen Republican Yea
Betsy Kelly Republican Yea
Betsy Kelly Republican Yea
Carl Martin Republican Yea
Christopher W. Toney Republican Yea
D. Rolland Jennings Republican Nay
Dean Jeffries Republican Yea
Evan Worrell Republican Yea
Gary G. Howell Republican Yea
George Miller Republican Yea
Jason Barrett Republican Yea
Jeff Campbell Republican Yea
Jim Butler Republican Yea
Joe Ellington Republican Yea
John Paul Hott Republican Yea
Mark Dean Republican Yea
Matthew Rohrbach Republican Not Voting
Mike Azinger Republican Yea
Pat McGeehan Republican Nay
Patrick Martin Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
T. Kevan Bartlett Republican Yea
Vernon Criss Republican Yea
William Anderson Republican Yea

Official roll call →

Passage

Passed 33 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 31001
Total 33001
% of votes cast 97%0%0%3%
How each member voted (34)
Member Party Vote
LINDSAY — Yea
SMITH — Yea
BALDWIN — Yea
MANN — Yea
STOLLINGS — Yea
BEACH — Yea
MARONEY — Yea
SWOPE — Yea
BLAIR — Yea
MAYNARD — Yea
SYPOLT — Yea
BOLEY — Yea
PALUMBO — Yea
TAKUBO — Yea
PITSENBARGER — Yea
TARR — Yea
CLINE — Yea
PLYMALE — Yea
TRUMP — Yea
FACEMIRE — Yea
PREZIOSO — Yea
UNGER — Yea
HAMILTON — Yea
ROBERTS — Yea
WELD — Yea
HARDESTY — Yea
ROMANO — Yea
WOELFEL — Yea
IHLENFELD — Not Voting
RUCKER — Yea
MR PRESIDENT — Yea
JEFFRIES — Yea
Charles H. Clements Republican Yea
Mike Azinger Republican Yea

Official roll call →

Subjects

public-safety
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 208?
SB 208 is sponsored by Eric Tarr (Republican).
What is the current status of SB 208?
This bill has been enacted into law. Introduced January 09, 2020. Enacted.
Where can I track SB 208?
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Last checked for changes 3 months ago · updated continuously

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