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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