H. B. 2012

(By Delegate Farris)
[Introduced February 12, 1997; referred to the
Committee on the Judiciary.]

A BILL to amend chapter forty-six-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article six-e, relating to prohibiting by service businesses price discrimination based on gender.

Be it enacted by the Legislature of West Virginia:
That chapter forty-six-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article six-e, to read as follows:

ARTICLE 6E. EQUAL PRICING ACT OF 1997.

§46A-6E-1. Short title.

This article may be cited as the "Equal Pricing Act."
§46A-6E-2. Prohibited pricing practices.
No seller of services, including a person who holds a license to conduct business under the provisions of this code, may discriminate against a person with respect to the price charged for services of similar or like kind and quality solely on the basis of that person's gender.

§46A-6E-3. Action to enforce the provisions of article.

Any consumer who suffers loss by reason of a violation of section two of this article may bring a civil action to enforce the provision. Any consumer who is successful in a civil action brought pursuant to this section shall recover reasonable attorney's fees and court costs incurred in bringing the action.

§46A-6E-4. Enforcement; penalties.

Any violation of section two of this article constitutes an unlawful act or practice under the provisions of article six of this chapter, regarding fraudulent acts or practices committed by a supplier in connection with a consumer transaction and shall be subject to the enforcement provisions of article seven of this chapter.

NOTE: The purpose of this bill is to create the Equal Pricing Act of 1997. The bill makes illegal discrimination by vendors services in pricing based on gender for services of like kind and quality. Enforcement provisions include the right to bring a civil action as well as bringing a complaint to the Attorney General so that the matter can be investigated and appropriate action taken.

This article is new; therefore, strike-throughs and underscoring have been omitted.