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Introduced Version Senate Bill 677 History

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sb677 intr
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.
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