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SB8 SUB1 Senate Bill 8 History

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COMMITTEE SUBSTITUTE

FOR


Senate Bill No. 8

(By Senators Caruth and Barnes)

____________

[Originating in the Committee on Government Organization;

reported March 12, 2009.]

____________


A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31E-8-813, relating to requiring directors and members of the boards of directors of nonprofit corporations which receive funding from the State of West Virginia or the federal government to attend training; training provided by Auditor; and reimbursement for reasonable expenses.

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 §31E-8-813, to read as follows:
ARTICLE 8. DIRECTORS AND OFFICERS.
PART 1. BOARD OF DIRECTORS.

§31E-8-813. Required training for directors and board of directors members.

(a) After July 1, 2009, the director and all members of the board of directors of a nonprofit corporation or company, as defined in this chapter, that receives funding from the state of West Virginia or the federal government, or any agencies or subdivisions thereof, must complete training in the administration, operation, finances, ethics and fiduciary responsibilities which are customarily, commonly and reasonably expected of a director and each member of a board of directors of a nonprofit corporation or company, which training will be provided by the Auditor or his or her designee, within the first six months of the appointment or election of the director or board of directors member to the position and every five years thereafter.
(b) Prior to July 1, 2010, all directors and all members of the board of directors of nonprofit corporations or companies that receive funding from the state of West Virginia or the federal government, or any agencies or subdivisions thereof, in office on July 1, 2009, shall complete the required training, required by subsection (a) of this section.
(c) The Auditor or an organization or person approved by the Auditor, shall provide the training throughout the state in locations convenient to the directors and board members, as determined by the Auditor.
(d) The Auditor and any organization or person approved by the Auditor, may recover reasonable and customary costs and expenses for providing the training, but may not profit therefrom. The costs and expenses may be paid by the director or board member, or the nonprofit corporation or company may pay or reimburse the director or board member.
(e) The directors and members of the board of directors of nonprofit corporations or companies that provide their own training programs that meet the requirements of this section are exempt from the training requirements of this section. A nonprofit corporation or company that provides its own training shall provide documentation of the training to the Auditor or other agency providing funding, upon request.
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