2003 Legislation
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HOUSE BILL NO. 242 – Nonprofit corp, impose fines/penlty

HOUSE BILL NO. 242

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View Statement of Purpose / Fiscal Impact



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Daily Data Tracking History



H0242......................................................by LOCAL GOVERNMENT
NONPROFIT CORPORATIONS - Amends existing law to provide that a nonprofit
corporation has the ability to impose fines or penalties on its members under
certain conditions.
                                                                        
02/11    House intro - 1st rdg - to printing
02/12    Rpt prt - to Bus

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 242
                                                                        
                               BY LOCAL GOVERNMENT COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO NONPROFIT CORPORATIONS; AMENDING SECTION 30-3-24, IDAHO  CODE,  TO
  3        PROVIDE  THAT  A  NONPROFIT CORPORATION HAS THE ABILITY TO IMPOSE FINES OR
  4        PENALTIES UPON ITS MEMBERS UNDER CERTAIN CONDITIONS.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION 1.  That Section 30-3-24, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
                                                                        
  8        30-3-24.  GENERAL  POWERS.  Unless  its  articles of incorporation provide
  9    otherwise, every corporation has perpetual duration and succession in its cor-
 10    porate name and has the same powers as an individual to do all  things  neces-
 11    sary  or  convenient  to  carry out its affairs including, without limitation,
 12    power:
 13        (1)  To sue and be sued, complain and defend in its corporate name;
 14        (2)  To have a corporate seal, which may be altered at will,  and  to  use
 15    it,  or  a  facsimile  of it, by impressing or affixing or in any other manner
 16    reproducing it;
 17        (3)  To make and amend bylaws not inconsistent with its articles of incor-
 18    poration or with the laws of this  state,  for  regulating  and  managing  the
 19    affairs of the corporation;
 20        (4)  To  purchase,  receive,  lease  or  otherwise acquire, and own, hold,
 21    improve, use and otherwise deal with, real property, including water and water
 22    rights, and personal property, or any legal or equitable interest in property,
 23    wherever located;
 24        (5)  To sell, convey, mortgage, pledge, lease, exchange and otherwise dis-
 25    pose of all or any part of its property;
 26        (6)  To purchase, receive, subscribe for or otherwise acquire, own,  hold,
 27    vote,  use, sell, mortgage, lend, pledge, or otherwise dispose of, and deal in
 28    and with, shares or other interests in or obligations of any entity;
 29        (7)  To make contracts and guaranties, incur  liabilities,  borrow  money,
 30    issue notes, bonds and other obligations, and secure any of its obligations by
 31    mortgage or pledge of any of its property, franchises, or income;
 32        (8)  To  lend  money,  invest and reinvest its funds, and receive and hold
 33    real and personal property as security for repayment,  except  as  limited  by
 34    section 30-3-82, Idaho Code;
 35        (9)  To  be a promoter, partner, member, associate or manager of any part-
 36    nership, joint venture, trust or other entity;
 37        (10) To conduct its activities, locate offices  and  exercise  the  powers
 38    granted by this act within or without this state;
 39        (11) To  elect or appoint directors, officers, employees and agents of the
 40    corporation, define their duties and fix their compensation;
 41        (12) To pay pensions and establish pension plans, pension trusts and other
 42    benefit and incentive plans for any or all of its current or former directors,
 43    officers, employees and agents;
                                                                        
                                           2
                                                                        
  1        (13) To make donations not inconsistent with law for the public welfare or
  2    for charitable, religious, scientific or educational purposes  and  for  other
  3    purposes that further the corporate interest;
  4        (14) To  impose  dues,  assessments,  admission and transfer fees upon its
  5    members, and to levy assessments upon the outstanding shares of  stock,  of  a
  6    corporation  with   capital stock, if authorized by the articles of incorpora-
  7    tion of that corporation;
  8        (15) To establish conditions for admission of members, admit  members  and
  9    issue memberships;
 10        (16) To carry on a business;
 11        (17) To  impose  fines  or  penalties on its members if provided in bylaws
 12    duly adopted by a two-thirds (2/3) vote of the members entitled to  vote  and,
 13    if  the  fine  or  penalty  applies to members not entitled to vote, by a two-
 14    thirds (2/3) vote as a class of such members not otherwise entitled to vote.
 15        (18)  To do all things necessary or convenient, not inconsistent with law,
 16    to further the activities and affairs of the corporation.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                            RS 12650C2
The purpose of this legislation is to provide that nonprofit
corporations have the ability to impose fines or penalties on
members under certain conditions and to provide the maximum
amount of the fine or penalty.  
                          FISCAL IMPACT
There is no fiscal impact to the general fund.  


Contact
Name: Wendy Jaquet 
Phone: 332-1130




STATEMENT OF PURPOSE/FISCAL NOTE                     H 242