Enrolled HB 336: Relating to electronic voting procedures for electric and telephone cooperatives; and providing for an effective date.
00Enrolled HB 336 01 Relating to electronic voting procedures for electric and telephone cooperatives; and 02 providing for an effective date. 03 _______________ 04 * Section 1. AS 10.25.120 is amended to read: 05 Sec. 10.25.120. Voting. Each member is entitled to one vote on each matter 06 submitted to a vote of the membership. Each member of a district is entitled to one 07 vote on each matter submitted to a vote at a district meeting. A member may not vote 08 by proxy but may vote, if the bylaws so provide, by mail or electronic transmission, 09 as specified by the cooperative, except that electronic transmission may not be the 10 only allowed option for voting. 11 * Sec. 2. AS 10.25.125 is amended to read: 12 Sec. 10.25.125. Record date. To determine the members entitled to notice of a 13 meeting of the members or to vote on a matter that is to be submitted to a vote of the 14 members, or for any other proper purpose, the board of directors may fix a date that
01 occurs not [NO] more than 30 days before the date of notice or distribution of mail or 02 electronic ballots as the record date for the determination. If a record date is not fixed 03 for the determination of members entitled to notice of a meeting or to vote on a matter, 04 the date on which notice of the meeting or of mail or electronic voting is first 05 distributed [MAILED] is the record date. When a determination of members entitled 06 to vote at a meeting is made, the determination applies until the meeting is adjourned 07 sine die. 08 * Sec. 3. AS 10.25.190 is amended to read: 09 Sec. 10.25.190. Districts. The bylaws may provide for the division of the 10 territory served or to be served by a cooperative into two or more districts for any 11 purpose, including, without limitation, the nomination and election of directors and the 12 election and functioning of district delegates. These delegates, who shall be members, 13 may nominate and elect directors. The bylaws shall prescribe the boundaries of the 14 districts, or the manner of establishing the boundaries, and the manner of changing the 15 boundaries, and the manner in which the districts function. A [NO] member at any 16 district meeting and a [NO] district delegate at any meeting may not vote by proxy, 17 [OR] by mail, or by electronic transmission. However, the election of directors shall 18 be by mail or, if the bylaws so provide, by electronic transmission, as specified by 19 the cooperative, except that electronic transmission may not be the only allowed 20 option for voting [UNLESS THE BYLAWS PROVIDE OTHERWISE]. 21 * Sec. 4. AS 10.25.210 is amended to read: 22 Sec. 10.25.210. Amendment of articles of incorporation. A cooperative may 23 amend its articles of incorporation as follows, except that it may change the location of 24 its principal office in the manner set out in AS 10.25.230: 25 (1) the proposed amendment shall be presented to the members or 26 district delegates at a meeting or by written notice; if the proposed amendment is 27 presented at a meeting, the notice of the meeting must set out or have attached to it the 28 proposed amendment; 29 (2) if the proposed amendment, with any changes, is approved by the 30 affirmative vote of not less than two-thirds of those members or district delegates 31 voting on it, the presiding officer of the board of directors shall execute and
01 acknowledge articles of amendment on behalf of the cooperative, and the officer 02 designated by the board shall affix and attest to the seal of the cooperative; if the 03 cooperative accepts ballots both at a meeting and by mail or by electronic 04 transmission, a member may vote by mail, by electronic transmission, or at the 05 meeting, as specified by the cooperative, except that electronic transmission may 06 not be the only allowed option for voting. 07 * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).