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: