Second Regular Session 114th General Assembly (2006)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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SENATE ENROLLED ACT No. 69
AN ACT to amend the Indiana Code concerning utilities and transportation.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 8-1-17-9; (06)SE0069.1.1. -->
SECTION 1. IC 8-1-17-9 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 9. (a) A cooperative
corporation may issue to its members certificates of membership and
each member shall be entitled to only one (1) vote on each question or
election at any regular or special meetings of the cooperative
(b) Meetings of members may be held at such place as may be
provided in the bylaws. An annual meeting of the members shall be
held at such time as may be provided by the bylaws. Special meetings
may be called by the board of directors, by a petition signed by not less
than five percent (5%) of all the members, or by such other officers or
persons as may be provided in the articles of incorporation or by the
(c) Written or printed notice stating the place, day, and hour of the
meeting of members, and, in the case of a special meeting, the purpose
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
(f) This subsection applies to an election for a director of a
cooperative corporation held after March 20, 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.
SOURCE: ; (06)SE0069.1.2. -->
SECTION 2. An emergency is declared for this act.
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