West Virginia 2021 Regular Session Status: Enacted Bipartisan · 3 R · 2 D cosponsors

HB 3081 — Updating the West Virginia Business Corporations Act

Last action — Chapter 65, Acts, Regular Session, 2021

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House of Delegates
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 12, 2021. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 66% · high confidence

  • Enacted

    Current position in the legislative process.

  • 11 sponsors

    1 primary, 10 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (3 R · 2 D) — cross-party backing.

  • Failed a recorded vote

    Failed 1 recorded vote so far — a real headwind.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

68 added · 52 removed

Plain-language change summary

The recent amendments to Bill HB 3081 clarify the rules for shareholders participating in meetings via remote communication. Notably, it specifies that shareholders can join meetings electronically if authorized by the board of directors, and it outlines requirements for verifying participants and ensuring they have access to meeting materials. This change matters because it enhances flexibility for shareholders, allowing greater participation in corporate decision-making, especially for those unable to attend in person.

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NEWS RELEASES HELPFUL LINKS Introduced Version - Originating in Committee « House Bill 3081 History OTHER VERSIONS  —  Enrolled Version - Final Version  |   |  Email Key:
NEWS RELEASES HELPFUL LINKS Enrolled Version - Final Version « House Bill 3081 History OTHER VERSIONS  —  Introduced Version - Originating in Committee  |   |  Email Key:
Red = new code to be enacted WEST virginia legislature regular session Originating House Bill 3081 By DelegateS Westfall, Hott, BARNHART,BATES, CRISS, ESPINOSA,GARCIA, LOVEJOY, REED, ROWE, AND WILLIAMS [Originating in the Committee on Banking and Insurance;
Red = new code to be enacted WEST virginia legislature regular session ENROLLED House Bill 3081 By Delegates Westfall, Hott, Barnhart, Bates, Criss, Espinosa, Garcia, Lovejoy, Reed, Rowe and Williams [Passed April 2, 2021;
Reported on March 10, 2021]   A BILL to amend and reenact §31D-7-708 of the Code of West Virginia, 1931, as amended;
in effect from passage.]   AN ACT to amend and reenact §31D-7-708 of the Code of West Virginia, 1931, as amended;
WEST VIRGINIA BUSINESS CORPORATION ACT ARTICLE 7.
WEST VIRGINIA BUSINESS CORPORATION ACT.
SHAREHOLDERS § 31D-7-708.
ARTICLE 7.
Conduct of the meeting (a) At each meeting of shareholders, a chair shall preside.
SHAREHOLDERS.
§ 31D-7-708.
Conduct of the meeting.
(a) At each meeting of shareholders, a chair shall preside.
(e) If the articles of incorporation or bylaws authorize the use of electronic communication for shareholders’ meetings, any or all of the shareholders may participate in a regular or special meeting by, or conduct the meeting through the use of, any means of communication by which all shareholders may simultaneously hear each other during the meeting.Shareholders of any class or series of shares may participate in any meeting of shareholders by means of remote communication to the extent the board of directors authorizes such participation for such class or series.
(e) Shareholders of any class or series of shares may participate in any meeting of shareholders by means of remote communication to the extent the board of directors authorizes such participation for such class or series.
(f)  Shareholders participating in a shareholders’ meeting by means of remote communication shall be deemed present and may vote at such a meeting if the corporation has implemented reasonable measures to:
(f) Shareholders participating in a shareholders’ meeting by means of remote communication shall be deemed present and may vote at such a meeting if the corporation has implemented reasonable measures to:
(e) If the articles of incorporation or bylaws authorize the use of electronic communication for members’ meetings, any or all of the members may participate in a regular or special meeting by, or conduct the meeting through the use of, any means of communication by which all members may simultaneously hear each other during the meeting.Any member may participate in any meeting of members by means of remote communication to the extent the board of directors authorizes such participation for members.
(e) Any member may participate in any meeting of members by means of remote communication to the extent the board of directors authorizes such participation for members.
(h)  Amendments to this § 31E-7-708 passed during the regular session of the 2021 Legislative Session shall be effective upon passage and shall apply to all such member meetings held on or after March 1, 2020.     NOTE:
(h)  Amendments to this § 31E-7-708 passed during the regular session of the 2021 Legislative Session shall be effective upon passage and shall apply to all such member meetings held on or after March 1, 2020.
The purpose of this bill is to update the West Virginia Business Corporation Act and the West Virginia Nonprofit Corporation Act to allow corporations and nonprofit corporations to conduct shareholder meetings by means of remote communication.
The Joint Committee on Enrolled Bills hereby certifies that the foregoing bill is correctly enrolled.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
    ...............................................................
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        Chairman, House Committee                          ...............................................................
                             Chairman, Senate Committee                                                       Originating in the House.
  In effect from passage.
    ...............................................................
                  Clerk of the House of Delegates                          ...............................................................
                                                   Clerk of the Senate                                         ...............................................................
                                            Speaker of the House of Delegates                                                                 ...............................................................
                                                                           President of the Senate     __________             The within ...................................................
this the...........................................
  day of ..........................................................................................................., 2021.
                                                    .............................................................
                                                                                                Governor   Bill Status  |  Bill Tracking  |  Legacy WV Code  |  Bulletin Board  |  District Maps  |  Senate Roster  |  House Roster  |  Live  |  Blog  |  Jobs  |  Links  |  Home This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.
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Action History

  1. Chapter 65, Acts, Regular Session, 2021

  2. Approved by Governor 4/26/21

  3. Approved by Governor 4/26/21 - House Journal

  4. Approved by Governor 4/26/21 - Senate Journal

  5. To Governor 4/10/21

  6. To Governor 4/10/21 - House Journal

  7. To Governor 4/10/21 - Senate Journal

  8. House received Senate message

  9. Completed legislative action

  10. Communicated to House

  11. Effective from passage (Roll No. 297)

  12. Passed Senate (Roll No. 297)

  13. Read 3rd time

  14. On 3rd reading

  15. Read 2nd time

  16. On 2nd reading

  17. Read 1st time

  18. On 1st reading

  19. Reported do pass

  20. To Judiciary

  21. To Judiciary

  22. Introduced in Senate

  23. Communicated to Senate

  24. Effective from passage (Roll No. 181)

  25. Passed House (Roll No. 180)

  26. Read 3rd time

  27. On 3rd reading, Special Calendar

  28. Read 2nd time

  29. On 2nd reading, Special Calendar

  30. Read 1st time

  31. On 1st reading, Special Calendar

  32. Do pass

  33. Originating in House Banking and Insurance

Sponsors

Sponsorship breakdown

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1 sponsors · 10 co-sponsors · 141 not signed on

Sponsors (1)

  • Westfall

Co-sponsors (10)

Not signed on (141)

141 members have not signed on to this bill.

Show all 141 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Subjects

finance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 3081?
HB 3081 is sponsored by Westfall, John Paul Hott (Republican), Trenton Barnhart (Republican), Bates, Vernon Criss (Republican), Espinosa, Joey Garcia (Democrat), Lovejoy, Reed, Rowe, and John Williams (Democrat).
What is the current status of HB 3081?
This bill has been enacted into law. Introduced March 12, 2021. Enacted.
Where can I track HB 3081?
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