COMMITTEE SUBSTITUTE
FOR
H. B. 2967
(By Delegates Wakim and Butcher)
(Originating in the Committee on the Judiciary)
[February 25, 2003]
A BILL to amend article one, chapter thirty-five-a of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
eight, relating to discrimination against members of duly
registered clubs or organizations; and providing for criminal
penalties.
Be it enacted by the Legislature of West Virginia:
That article one, chapter thirty-five-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section eight,
to read as follows:
ARTICLE 1. REGISTRATION.
§35A-1-8. UNLAWFUL DISCRIMINATION.
(a) No person, individual, business or corporation may enact,
enforce, or implement any policy or undertake any action which
would:
(1) Refuse, withhold from or deny to any individual or group,
because of their membership in, association with, or display of the
name, badge, motto, button, decoration, charm, emblem, rosette, or
other insignia of an organization described and duly registered
under this chapter, either directly or indirectly, any of the
accommodations, advantages, facilities, privileges or services of
the public accommodation, public event, or public forum; or
(2) Publish, circulate, issue, display, post or mail, either
directly or indirectly, any written or printed communication,
notice or advertisement to the effect that any of the
accommodations, advantages, facilities, privileges or services of
any such place shall be refused, withheld from or denied to any
individual or group on account of their membership in, association
with or display of the name, badge, motto, button, decoration,
charm, emblem, rosette, or other insignia of an organization
described and duly registered under this chapter, or that the
patronage or custom thereat of any individual or group, belonging
to any such organization is unwelcome, objectionable, not
acceptable, undesired or not solicited; or
(3) Willfully obstruct or prevent any person from complying
with the provisions of this article, or to resist, prevent, impede
or interfere with the commission or any of its members or
representatives in the performance of a duty under this article.
(b) Any person, individual, or corporation, or any officer,
director or agent of such business or corporation who violates any provision of this section is guilty of a misdemeanor and shall be
fined not less than one hundred dollars and not more than one
thousand dollars, or confined in the county or regional jail not
more than ten days, or both fined and imprisoned.
NOTE: The purpose of this bill is to prohibit discrimination,
in a public place, accommodation, event or forum, against members
of clubs and associations duly registered with the secretary of
state's office.
Section eight is new; therefore, strike-throughs and
underscoring have been omitted.