Bill Text: NY A07205 | 2021-2022 | General Assembly | Introduced

Bill Title: Allows meetings of members of a rural electric cooperative to be held partially or solely by means of electronic communication.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced) 2021-06-01 - substituted by s6190 [A07205 Detail]

Download: New_York-2021-A07205-Introduced.html

                STATE OF NEW YORK


                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     April 29, 2021

        Introduced  by  M.  of  A.  BUTTENSCHON -- read once and referred to the
          Committee on Corporations, Authorities and Commissions

        AN ACT to amend the rural  electric  cooperative  law,  in  relation  to
          allowing  meetings  of members to be held partially or solely by means
          of electronic communication

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivisions  (c), (d) and (e) of section 17 of the rural
     2  electric cooperative law are amended to read as follows:
     3    (c) Except as otherwise provided in this chapter  written  or  printed
     4  notice stating the time and place of each meeting of the members and, in
     5  the  case  of  a  special meeting, the purpose or purposes for which the
     6  meeting is called, shall be given to each member, either  personally  or
     7  by  mail,  not less than ten days nor more than [twenty-five] forty-five
     8  days before the date of the meeting. If mailed,  such  notice  shall  be
     9  deemed to be given when deposited in the United States mail with postage
    10  prepaid  addressed  to  the  member  at his address as it appears on the
    11  records of the cooperative.
    12    (d) Unless the by-laws prescribe the presence of a greater  percentage
    13  or  number  of the members for a quorum, a quorum for the transaction of
    14  business at all meetings of the members of a cooperative having not more
    15  than one thousand members, shall be five  per  centum  of  all  members,
    16  present  in  person  or electronically, and of a cooperative having more
    17  than one thousand members, shall be fifty members, present in person  or
    18  electronically.    This  provision  shall not prevent a cooperative from
    19  adopting a by-law that only allows an in-person quorum for  meetings  of
    20  members.  If less than a quorum is present at any meeting, a majority of
    21  those present in person may adjourn the meeting from time to time  with-
    22  out further notice.
    23    (e) Each member shall be entitled to one vote on each matter submitted
    24  to  a  vote  at  a  meeting  of  the  members. Voting shall either be in

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 7205                             2

     1  person[, but, if the by-laws so provide, may also  be  by  proxy  or  by
     2  mail,  or  both] or by proxy, mail, or electronic means, or any combina-
     3  tion of the above. If the by-laws provide for voting by proxy  [or  by],
     4  mail,  or  electronic  means,  they  shall also prescribe the conditions
     5  under which such voting shall be permitted.  No  person  shall  vote  as
     6  proxy for more than three members at any meeting of the members.
     7    §  2.  Section  17 of the rural electric cooperative law is amended by
     8  adding a new subdivision (g) to read as follows:
     9    (g) The board of directors may, in its sole  discretion,  direct  that
    10  meetings  of  members be held partially or solely by means of electronic
    11  communication, and the electronic service and/or  platform  by  which  a
    12  meeting  is held shall be the place of such meeting for purposes of this
    13  section if such meeting is held solely by means of  electronic  communi-
    14  cation.  Meetings  conducted  partially or solely by means of electronic
    15  communication pursuant to this subdivision and any  member's  electronic
    16  participation  in  such meetings shall be subject to such guidelines and
    17  procedures as the board  adopts,  provided  the  board  shall  implement
    18  reasonable  measures to: (1) verify that each person participating elec-
    19  tronically is a member or a proxy of a member according to the terms  of
    20  subdivision  (e)  of this section; (2) provide each member participating
    21  electronically with a reasonable opportunity to participate in the meet-
    22  ing, including an opportunity to propose, object to,  and  vote  upon  a
    23  specific  action  to  be taken by the members, and to see, read, or hear
    24  the proceedings of the meeting substantially and concurrently with  such
    25  proceedings;  (3)  record  and  maintain  a record of any votes or other
    26  actions taken by electronic communication at the meeting; and (4) within
    27  a reasonable time after, but not to exceed sixty days after the meeting,
    28  distribute minutes of such meeting to the members of the cooperative  in
    29  electronic or paper form.  Members of a cooperative shall not hold meet-
    30  ings  by  means of electronic communication until the provisions of this
    31  subdivision have been adopted as a bylaw at a duly held membership meet-
    32  ing.
    33    § 3. This act shall take effect immediately.