HB5694 S GOV AM #1 3-4
Reese 7502
The Committee on Government Organization moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:
(a) Short title. – This Act shall be known and may be cited as “the Firearms Industry Nondiscrimination Act.”
(b) Definitions. – For purposes of this section:
(1) “Ammunition” has the meaning set forth in §31A-2B-3 of this code.
(2) “Company” means a corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, organization, association, or any other business entity that has 10 or more employees and operates to earn a profit: Provided, That the term does not include a sole proprietorship.
(3) "Discriminate against a firearm entity or firearm trade association" means, without a reasonable business purpose, to:
(A) Refuse to provide or engage in services with the entity or association based on its status as a firearm entity;
(B) Refrain from continuing an existing business relationship with the entity or association based on its status as a firearm entity; or
(C) Terminate an existing business relationship with the entity or association based on its status as a firearm entity.
(4) "Firearm" has the meaning set forth in §31A-2B-3 of this code.
(5) “Firearm accessories or components” has the meaning set forth in §31A-2B-3 of this code.
(6) "Firearm entity" means:
(A) A firearm, firearm accessory, or ammunition manufacturer, distributor, wholesaler, supplier, or retailer;
(B) A firearm trade association that has two or more firearm entities as members and is exempt from federal income taxation under section 501(a) of the Internal Revenue Code of 1986, as an organization described by section 501(c) of such code; or
(C) A shooting range, as defined in §61-6-23 of this code.
(7) “Public entity” means the state of West Virginia, or any political subdivision thereof, and all spending units of state government including those otherwise excluded from applicability under §5A-3-1 of this code.
(c) Effective July 1, 2024, a public entity may not enter into a contract with a company for goods or services valued at $100,000 or more unless the contract includes a written certification that the company is not currently engaged in, and will not for the duration of the contract, engage in discrimination against firearm entities.
(d) Any contract that violates the requirements of this section shall be void as against public policy.
(e) The Director of the Purchasing Division is authorized to promulgate legislative rules, including emergency rules, to implement the provisions of this section.
Adopted
Rejected