Senate Bill No. 583
(By Senator Caruth)
____________
[Introduced February 6, 2008; referred to the Committee on
Government Organization; and then to the Committee on Finance.]
____________
A BILL to amend and reenact §31E-8-802 of the Code of West
Virginia, 1931, as amended, relating to requiring directors
and members of the board of directors of nonprofit
corporations who receive money from a state agency to
participate in at least three hours of training;
responsibility of state agencies for training; and
reimbursement for reasonable expenses.
Be it enacted by the Legislature of West Virginia:
That §31E-8-802 of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 8. DIRECTORS AND OFFICERS.
PART 1. BOARD OF DIRECTORS.
§31E-8-802. Qualifications of directors.
(a) The articles of incorporation or bylaws may prescribe
qualifications for directors. A director need not be a resident of this state or a member of the corporation unless the articles of
incorporation or bylaws require he or she to be a member.
(b) The directors and board of directors may be designated by
other names as may be provided in the articles of incorporation or
bylaws.
(c) Any director or member of the board of directors of a
nonprofit corporation as provided in this chapter that receives any
money from a state agency of West Virginia or receives funding by
the federal government where the money is disbursed through an
agency of the state must complete at least three hours of training
in the administration and operation of nonprofit corporations. It
is the responsibility of the state agency that provides funding for
the nonprofit corporation or the state agency from which federal
money is disbursed to the nonprofit corporation to establish,
develop and provide the required training. The training is to be
provided by the particular state agency to a director or member of
the board of directors of a nonprofit corporation within the first
six months of his or her appointment to the position. The director
or members of the board of directors who are required to
participate in this training are entitled to reimbursement from the
nonprofit corporation for all reasonable expenses and travel that
is incurred in participating in the training.
NOTE: The purpose of this bill is to require all directors
and members of the board of directors of nonprofit corporations
that receive money from state agencies or that receive federal
money through state agencies to participate in three hours of
training.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.