COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 565
(By Senators Wells, Guills, Bowman, Yoder, Barnes, Foster,
Helmick, Minard, White, Kessler, Boley, Facemyer, Bailey, Hunter,
Fanning, Prezioso, Green, Love and Oliverio)
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[Originating in the Committee on the Judiciary;
reported February 26, 2007.]
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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 members, managers, partners or board of directors
and the names of the members, managers, partners or board of
directors 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 ten thousand dollars or more per year may not
continue to receive any type of state funding unless it provides at
the request of any citizen, and without charge, the names of its
members and managers and the names of the members, managers, board
of directors or partners, as applicable, of its parent
organization, if any.
Upon complaint from the citizen that the corporation has
failed to provide the names as requested within thirty days of the
request, the Secretary of State shall notify the limited liability
company in writing that it is in violation of the provisions of
this section. The notice shall inform the limited liability company that it must comply with the provisions of 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.
PART 6. DIRECTORS' CONFLICTING INTEREST TRANSACTIONS.
§31D-8-860a. Mandatory disclosure of names of directors of
business corporations.
A corporation receiving funding from this state in the amount
of ten thousand dollars or more per year may not continue to
receive any type of state funding unless it provides upon request
of any citizen, and without charge, the names of the members of its
board of directors and the names of the members, managers, board of
directors or partners, as applicable, of its parent organization,
if any.
Upon complaint from the citizen that the corporation has
failed to provide the names as requested within thirty days of the
request, the Secretary of State shall notify the corporation in
writing that the corporation is in violation of the provisions of
this section. The notice shall inform the corporation that it must
comply with the provisions of 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
may not continue to receive any type of state funding unless it
provides upon request of any citizen, and without charge, the names
of the members of its board of directors and the names of the
members, managers, board of directors or partners, as applicable,
of its parent organization, if any.
Upon complaint from the citizen that the corporation has
failed to provide the names as requested within thirty days of the
request, the Secretary of State shall notify the nonprofit
corporation in writing that the nonprofit corporation is in
violation of the provisions of this section. The notice shall
inform the nonprofit corporation that it must comply with the
provisions of 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 ten thousand dollars or more per year may not continue to
receive state funding unless it provides upon request of any
citizen and without charge the names of its partners and the names
of the partners, board of directors or managers or members of its
parent organization, as applicable, if any.
Upon complaint from the citizen that the corporation has
failed to provide the names as requested within thirty days of the
request, the Secretary of State shall notify the partnership in
writing that the partnership is in violation of the provisions of
this section. The notice shall inform the partnership that it must
comply with the provisions of this section within thirty days or it
may not be eligible for further state funding.
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(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
receiving funds from this state to provide upon request of any
citizen, and without charge, the names of the members, managers,
board of directors or partners of the entity or of its parent
organization, if any.
Failure to comply will result in the entity
not being eligible for further funding.
§31B-3-303a, §31D-8-860a, §31E-8-813 and
§47B-3-3a
are new;
therefore, strike-throughs and underscoring have been omitted.)
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