Senate Bill No. 677
(By Senators Wells and Kessler)
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[Introduced March 23, 2009; referred to the Committee on the
Judiciary.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §31B-3-303a; to amend
said code by adding thereto a new section, designated §31D-8-
860a; to amend said code by adding thereto a new section,
designated §31E-8-813; and to amend said code by adding
thereto a new section, designated §47B-3-3a, all relating to
requiring any partnership, limited liability company,
nonprofit corporation or business corporation conducting
business in this state and receiving funds from this state to
provide, upon request of any citizen and without charge, the
names of its partners, board of directors or whoever is vested
with the management of the affairs of the particular entity by
whatever name they may be called and the names of the
partners, board of directors or whoever is vested with the
management of the affairs of the particular entity by whatever name they may be called of its parent organization, if any, as
is applicable to the particular entity; and cessation of
funding for failure to comply.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §31B-3-303a; that said
code be amended by adding thereto a new section, designated §31D-8-
860a; that said code be amended by adding thereto a new section,
designated §31E-8-813; and that said code be amended by adding
thereto a new section, designated §47B-3-3a, all to read as
follows:
CHAPTER 31B. UNIFORM LIMITED LIABILITY COMPANY ACT.
ARTICLE 3. RELATIONS OF MEMBERS AND MANAGERS TO PERSONS DEALING
WITH LIMITED LIABILITY COMPANY.
§31B-3-303a. Mandatory disclosure of names of members and managers.
A limited liability company receiving funding from this state
in the amount of $25,000 or more per year may not continue to
receive any type of state funding unless it lists on the Secretary
of State's web site and provides at the request of any citizen,
without charge, the names of its members and managers or whoever is
vested with the management of the affairs of the limited liability
company by whatever name they may be called, and the names of
whoever is vested with the management of the affairs by whatever
name they may be called of its parent organization, if any.
Upon complaint from a citizen that the limited liability
company has failed to provide the names as requested within thirty
days of the request, or it has not listed the names on the Secretary
of State's web site, the Secretary of State shall notify the limited
liability company in writing that it is in violation of this
section. The notice shall inform the limited liability company that
it must comply with this section within thirty days or it may not
be eligible for further state funding.
CHAPTER 31D. WEST VIRGINIA BUSINESS CORPORATION ACT.
ARTICLE 8. DIRECTORS AND OFFICERS.
§31D-8-860a. Mandatory disclosure of names of directors of
business corporations.
A corporation receiving funding from this state in the amount
of $25,000 or more per year may not continue to receive any type of
state funding unless it lists on the Secretary of State's web site
and provides upon request of any citizen, without charge, the names
of the members of its board of directors or whoever is vested with
the management of the affairs of the corporation and the names of
whoever is vested with the management of the affairs of its parent
organization by whatever name they may be called, if any.
Upon complaint from a citizen that the corporation has failed
to provide the names as requested within thirty days of the request,
or has not listed the names on the Secretary of State's web site,
the Secretary of State shall notify the corporation in writing that the corporation is in violation of this section. The notice shall
inform the corporation that it must comply with this section within
thirty days or it may not be eligible for further state funding.
CHAPTER 31E. WEST VIRGINIA NONPROFIT CORPORATION ACT.
ARTICLE 8. DIRECTORS AND OFFICERS.
§31E-8-813. Mandatory disclosure of names of directors nonprofit
corporations.
A nonprofit corporation receiving any funding from this state
shall submit annually the following information to the Secretary of
State's office: The names of its board of directors and officers
and the names of the officers and the board of directors of its
parent organization, if any. This information shall also be listed
by the nonprofit corporation on the Secretary of State's web site
and shall be made available to any citizen who requests it from the
Secretary of State.
Upon complaint from the citizen that the corporation has failed
to provide the names as requested within thirty days of the request
or has not listed the names on the Secretary of State's web site,
the Secretary of State shall notify the nonprofit corporation in
writing that the nonprofit corporation is in violation of this
section. The notice shall inform the nonprofit corporation that it
must comply with this section within thirty days or it may not be
eligible for further state funding.
CHAPTER 47B. UNIFORM PARTNERSHIP ACT.
ARTICLE 3. RELATIONS OF PARTNERS TO PERSONS DEALING WITH
PARTNERSHIP.
§47B-3-3a. Mandatory disclosure of names of partners.
A partnership receiving funding from this state in the amount
of $25,000 or more per year may not continue to receive state
funding unless it lists on the Secretary of State's web site and
provides upon request of any citizen, without charge, the names of
its partners and the names of whoever is vested with the management
of the affairs of its parent organization by whatever name they may
be called, if any.
Upon complaint from a citizen that the partnership has failed
to provide the names as requested within thirty days of the request,
or has not listed the names on the Secretary of State's web site,
the Secretary of State shall notify the partnership in writing that
the partnership is in violation of this section. The notice shall
inform the partnership that it must comply with this section within
thirty days or it may not be eligible for further state funding.
NOTE: The purpose of this bill is to require any partnership,
limited liability company, nonprofit corporation or business
corporation conducting business in this state and who receives funds
from this state to provide, upon request of any citizen and without
charge, the names of whoever is vested with the management of the
affairs of the particular entity by whatever name they may be
called.
§31B-3-303a, §31D-8-860a, §31E-8-813 and §47B-3-3a are new;
therefore, strike-throughs and underscoring have been omitted.