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H0546...............................................by AGRICULTURAL AFFAIRS COOPERATIVE MARKETING ASSOCIATIONS - Amends and repeals existing law relating to cooperative marketing associations to eliminate the requirement of filing a certified copy of the articles of incorporation with the Department of Agriculture; and to repeal the law relating to issuance of annual reports. 01/27 House intro - 1st rdg - to printing 01/28 Rpt prt - to Agric Aff 02/05 Rpt out - rec d/p - to 2nd rdg 02/06 2nd rdg - to 3rd rdg 02/10 3rd rdg - PASSED - 64-0-6 AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Robison, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- None Absent and excused -- Black, Gagner, Garrett, Miller, Roberts, Rydalch Floor Sponsor - Bolz Title apvd - to Senate 02/11 Senate intro - 1st rdg - to Agric Aff 02/18 Rpt out - rec d/p - to 2nd rdg 02/19 2nd rdg - to 3rd rdg 03/10 3rd rdg - PASSED - 34-0-1 AYES -- Andreason(Andreason), Bailey, Bunderson, Burkett, Burtenshaw, Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- Brandt Floor Sponsor - Noble Title apvd - to House 03/11 To enrol 03/12 Rpt enrol - Sp signed 03/15 Pres signed 03/16 To Governor 03/19 Governor signed Session Law Chapter 106 Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 546 BY AGRICULTURAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO COOPERATIVE MARKETING ASSOCIATIONS; AMENDING SECTION 22-2608, 3 IDAHO CODE, TO ELIMINATE THE REQUIREMENT OF FILING A CERTIFIED COPY OF 4 ARTICLES OF INCORPORATION WITH THE DEPARTMENT OF AGRICULTURE AND TO MAKE 5 TECHNICAL CORRECTIONS; AND REPEALING SECTION 22-2619, IDAHO CODE, RELATING 6 TO THE ISSUANCE OF ANNUAL REPORTS. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 22-2608, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 22-2608. ARTICLES OF INCORPORATION -- CONTENTS -- SUBSCRIBING AND FILING. 11 Each association formed under this chapter must prepare and file articles of 12 incorporation, setting forth: 13 a.(1) The name of the association. 14 b.(2) The purpose for which it is formed. 15 c.(3) The address of its initial registered office and the name of its 16 initial registered agent at such address. 17 d.(4) The term for which it is to exist, which may be perpetual. 18 e.(5) If organized without capital stock, whether the property rights and 19 interest of each member shall be equal or unequal; and if unequal, the arti- 20 cles shall set forth the general rule or rules applicable to all members by 21 which the property rights and interests, respectively, of each member may and 22 shall be determined and fixed; and the association shall have the power to 23 admit new members who shall be entitled to share in the property of the asso- 24 ciation with the old members, in accordance with such general rule or rules. 25 This provision of the articles of incorporation shall not be altered, amended 26 or repealed except by the written consent or the vote of a majority of the 27 members. 28 f.(6) If organized with capital stock, the amount of such stock and the 29 number of shares into which it is divided and the par value thereof. The capi- 30 tal stock may be divided into preferred and common stock. If so divided, the 31 articles of incorporation must contain a statement of the number of shares of 32 stock to which preference is granted and the number of shares of stock to 33 which no preference is granted and the nature and extent of the preference and 34 the privileges granted to each. 35 g.(7) The names and addresses of the persons who are to serve as direc- 36 tors until the first annual meeting of the members or stockholders or until 37 their successors be elected and qualify. 38 The articles must be subscribed by the incorporators and shall be filed in 39 accordance with the provisions of the general corporation law of the state; 40 and when so filed the said articles of incorporation, or certified copies 41 thereof, shall be received in all the courts of this state, and other places, 42 as prima facie evidence of the facts contained therein, and of the due incor- 43 poration of such association. A certified copy of the articles of incorpora-2 1 tion shall, also, be filed with the department of agriculture.2 SECTION 2. That Section 22-2619, Idaho Code, be, and the same is hereby 3 repealed.
STATEMENT OF PURPOSE RS 13448 Cooperatives must file articles of incorporation with the Secretary of State. This proposed legislation will simplify reporting requirements for cooperative marketing associations by eliminating the separate reporting requirement to the state department of agriculture. It will also eliminate the requirement to file annual reports with the department of agriculture. FISCAL IMPACT None is anticipated. CONTACT Name: Laura Johnson Agency: Department of Agriculture Phone: 208-332-8533 Statement of Purpose/Fiscal Impact H 546