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SB739 • 2026
Creating Protecting Shareholders Act
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.
Creating Protecting Shareholders Act
To Banking and Insurance
Introduced in Senate
To Banking and Insurance then Judiciary
Filed for introduction
Creating Protecting Shareholders Act
SB 739 Text skip navigation SENATE PRESIDENT SENATORS COMMITTEES VIDEO/AUDIO DISTRICT MAPS SENATE CLERK SENATE RULES HOUSE SPEAKER DELEGATES COMMITTEES VIDEO/AUDIO DISTRICT MAPS HOUSE CLERK HOUSE RULES HOUSE STAFF JOINT INTERIM COMMITTEES LEGISLATIVE ADMINISTRATOR LEGISLATIVE SERVICES DIVISION PUBLIC INFORMATION LEGISLATIVE AUTOMATED SYSTEMS DIVISION LEGISLATIVE AUDITOR'S OFFICE PERFORMANCE EVALUATION & RESEARCH DIVISION POST AUDIT DIVISION BUDGET DIVISION REGULATORY AND FISCAL AFFAIRS DIVISION CLAIMS COMMISSION CRIME VICTIMS RULE-MAKING REVIEW SPECIAL INVESTIGATIONS JUDICIAL COMP. COMMISSION JOINT RULES STAFF INFO BILL STATUS BILL STATUS BILL TRACKING STATE LAW WEST VIRGINIA CODE ACTS OF THE LEGISLATURE CODE OF 1931 WV CONSTITUTION US CONSTITUTION REPORTS AGENCY REPORTS AGENCY GRANT AWARDS PERFORMANCE EVALUATIONS POST AUDITS EDUCATIONAL CITIZEN’S GUIDE INTERNSHIP PROGRAM PAGE PROGRAM PUBLICATIONS PHOTO GALLERY CAPITOL HISTORY HOW A BILL BECOMES LAW CONTACT SENATE ROSTER HOUSE ROSTER PUBLIC INFO. NEWS RELEASES HELPFUL LINKS Introduced Version Senate Bill 739 History | Email Key: Green = existing Code. Red = new code to be enacted WEST VIRGINIA LEGISLATURE 2026 REGULAR SESSION Introduced Senate Bill 739 By Senator Willis [Introduced February 4, 2026; referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary] A BILL to amend the Code of West Virginia, 1931, as amended, by adding two new sections, designated §31D-8-870 and §31D-8-871, relating to creating the Protecting Shareholders Act; providing definitions; and establishing standards for a breach of fiduciary duty. Be it enacted by the Legislature of West Virginia: Article 8. Directors and officers. Part VII. Protecting Shareholders Act. §31D-8-870. Part definitions. Under the Protecting Shareholders Act, the following terms have the following meaning: (1) "Diversity, equity, and inclusion" means any action, attempt, or effort to: (A) Influence hiring or employment practices with respect to race, color, sex, ethnicity, or national origin, other than through the use of color blind and sex neutral hiring processes in accordance with any applicable state and federal anti-discrimination laws; (B) Promote or provide special benefits to individuals on the basis of race, color, ethnicity, or national origin; (C) Promote policies or procedures designed or implemented in reference to race, color, ethnicity, or national origin, other than to ensure compliance with an applicable court order or state or federal law; or (D) Conduct trainings, programs, or activities designed or implemented in reference to race, color, ethnicity, or national origin, other than trainings, programs, or activities developed for the sole purpose of ensuring compliance with an applicable court order or state or federal law; (2) "Environmental, social, and governance" means a framework that measures the non-pecuniary behavior of a business. The environmental component considers greenhouse gas emissions. The social component incorporates diversity, equity, and inclusion into the decision-making process. The governance component examines staff, officer, board diversity, or a combination thereof using diversity, equity, and inclusion factors; and (3) "Pecuniary interest" means the interests of minimizing financial risk and maximizing financial return to shareholders. §31D-8-871. Protecting shareholders from environmental, social, and governance programs. When a director or officer of a corporation owes a fiduciary duty to the corporation or any shareholder, it shall be prima facie evidence of a breach of that fiduciary duty when the director or officer prioritizes any element of environmental, social, and governance interest over pecuniary interests. NOTE: The purpose of this bill is to establish standards for a breach of fiduciary duty under the Protecting Investors Act. Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added. 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. | Terms of Use | Webmaster | © 2026 West Virginia Legislature ** Print On Demand Name: Email: Phone: