Citations Affected: IC 8-1-17-9.
Synopsis: Governance of rural telephone cooperatives. Specifies that,
in an election for a director of a rural telephone cooperative corporation,
the corporation's bylaws may provide that if more than two persons run
for election as a director from the same district, the person receiving the
most votes is elected, regardless of whether that person receives a
majority of the total votes cast by those members present and voting at
the meeting at which the election occurs.
Effective: July 1, 2006.
January 9, 2006, read first time and referred to Committee on Commerce & Transportation.
A BILL FOR AN ACT to amend the Indiana Code concerning
utilities and transportation.
or purposes for which the meeting is called, shall be delivered not less
than ten (10) nor more than thirty (30) days before the date of the
meeting, either personally or by mail, by or at the direction of the
officers or persons calling the meeting, to each member of record
entitled to vote at such meeting. If mailed, such notice shall be deemed
to be delivered when deposited in the United States mails in a sealed
envelope addressed to the member at
his the member's address as it
appears on the records of the cooperative corporation, with postage
prepaid. Notice of meetings of members may be waived in writing.
(d) Unless otherwise provided in the articles of incorporation, two percent (2%) of all the members of the cooperative corporation present in person at any meeting of members, of which meeting notice shall have been given as provided in
the foregoing subdivision subsection
(c), of this section, shall constitute a quorum for the transaction of
business at such meeting.
(e) Except as provided in subsection (f), a majority vote of those members who are present in person and voting at any regular meeting, or at any special meeting of the members called for that purpose, shall be necessary for the taking of any action, adoption of any resolution, or the election of any directors or officers, or otherwise, as the case may be.
(f) This subsection applies to an election for a director of a cooperative corporation held after June 30, 2006. A cooperative corporation may provide in the corporation's bylaws that if more than two (2) persons run for election as a director from the same district, the person receiving the most votes is elected, regardless of whether that person receives a majority of the total votes cast by those members present in person and voting at the meeting at which the election occurs.