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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
|||| 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
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