0001| SENATE BILL 696
|
0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
|
0003| 1996
|
0004| INTRODUCED BY
|
0005| MANNY M. ARAGON
|
0006|
|
0007|
|
0008|
|
0009|
|
0010|
|
0011| AN ACT
|
0012| RELATING TO COOPERATIVE ASSOCIATIONS; PROVIDING VOTING
|
0013| PROCEDURES FOR TELEPHONE COOPERATIVES WITH OVER NINE THOUSAND
|
0014| MEMBERS; PROVIDING FOR A FILING FEE; AMENDING AND ENACTING
|
0015| CERTAIN SECTIONS OF THE NMSA 1978.
|
0016|
|
0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
|
0018| Section 1. [NEW MATERIAL] TELEPHONE COOPERATIVE
|
0019| ASSOCIATIONS WITH MORE THAN NINE THOUSAND MEMBERS--VOTING BY
|
0020| MAIL.--The bylaws of a telephone cooperative association with
|
0021| more than nine thousand members that is comprised of two or more
|
0022| voting districts shall prescribe that the number of trustees or
|
0023| directors elected from each district shall be proportionate to
|
0024| the number of members residing in each district. The bylaws of
|
0025| a telephone cooperative association with more than nine thousand
|
0001| members shall not prohibit any member from voting by mail. One
|
0002| percent of the eligible voting members of a telephone
|
0003| cooperative of more than nine thousand voting members shall be
|
0004| considered a quorum for purposes of a meeting. Employee members
|
0005| of a telephone cooperative of more than nine thousand members
|
0006| shall not be eligible to vote for members of the board of the
|
0007| telephone cooperative unless the employee members live in the
|
0008| district.
|
0009| Section 2. [NEW MATERIAL] ELECTION RESULTS--FILING.--Within thirty days of an election of any telephone cooperative
|
0010| association with more than nine thousand members, the trustees
|
0011| or directors shall file the election results with the state
|
0012| corporation commission.
|
0013| Section 3. Section 53-2-1 NMSA 1978 (being Laws 1975,
|
0014| Chapter 65, Section 1, as amended) is amended to read:
|
0015| "53-2-1. FEES OF STATE CORPORATION COMMISSION.--
|
0016| A. For filing documents and issuing certificates,
|
0017| the state corporation commission shall charge and collect for:
|
0018| (1) filing articles of incorporation and
|
0019| issuing a certificate of incorporation, a fee of one dollar
|
0020| ($1.00) for each one thousand shares of the total amount of
|
0021| authorized shares, but in no case less than one hundred dollars
|
0022| ($100) or more than one thousand dollars ($1,000);
|
0023| (2) filing articles of amendment and issuing a
|
0024| certificate of amendment increasing the total amount of
|
0025| authorized shares or filing restated articles of incorporation
|
0001| and issuing a restated certificate of incorporation increasing
|
0002| the total amount of authorized shares, a fee equal to the
|
0003| difference between the fee computed at the rate set forth in
|
0004| Paragraph (1) of this subsection upon the total amount of
|
0005| authorized shares, including the proposed increase, and the fee
|
0006| computed at the rate set forth in Paragraph (1) of this
|
0007| subsection upon the total amount of authorized shares, excluding
|
0008| the proposed increase, but in no case less than one hundred
|
0009| dollars ($100) or more than one thousand dollars ($1,000);
|
0010| (3) filing articles of amendment and issuing a
|
0011| certificate of amendment not involving an increase in the total
|
0012| amount of authorized shares or filing restated articles of
|
0013| incorporation and issuing a restated certificate of
|
0014| incorporation not involving an increase in the total amount of
|
0015| authorized shares, a fee of one hundred dollars ($100);
|
0016| (4) filing articles of merger, consolidation or
|
0017| exchange and issuing a certificate of merger or consolidation or
|
0018| exchange, a fee equal to the difference between the fee computed
|
0019| at the rate set forth in Paragraph (1) of this subsection upon
|
0020| the total amount of authorized shares in the articles of merger
|
0021| or consolidation in excess of the total amount of authorized
|
0022| shares of the corporations merged or consolidated or upon the
|
0023| amount of the shares exchanged, but in no case less than two
|
0024| hundred dollars ($200) or more than one thousand dollars
|
0025| ($1,000);
|
0001| (5) filing an application to reserve a
|
0002| corporate name or filing a notice of transfer of a reserved
|
0003| corporate name, a fee of twenty-five dollars ($25.00);
|
0004| (6) filing a statement of a change of address
|
0005| of the registered office or change of the registered agent, or
|
0006| both, a fee of twenty-five dollars ($25.00);
|
0007| (7) filing a statement of the establishment of
|
0008| a series of shares, a fee of one hundred dollars ($100);
|
0009| (8) filing a statement of reduction of
|
0010| authorized shares, a fee of one hundred dollars ($100);
|
0011| (9) filing a statement of intent to dissolve, a
|
0012| statement of revocation of voluntary dissolution proceedings or
|
0013| articles of dissolution, a fee of fifty dollars ($50.00);
|
0014| (10) filing an application of a foreign
|
0015| corporation for an amended certificate of authority to transact
|
0016| business in this state and issuing an amended certificate of
|
0017| authority, a fee of fifty dollars ($50.00);
|
0018| (11) filing a copy of articles of merger of a
|
0019| foreign corporation holding a certificate of authority to
|
0020| transact business in this state not increasing the total amount
|
0021| of authorized shares, a fee of two hundred dollars ($200);
|
0022| (12) filing an application for a certificate of
|
0023| authority of a foreign corporation and issuing to it a
|
0024| certificate of authority, a fee of one dollar ($1.00) for each
|
0025| one thousand shares of the total number of authorized shares
|
0001| represented in this state, but in no case less than two hundred
|
0002| dollars ($200) or more than one thousand dollars ($1,000);
|
0003| (13) filing articles of merger or
|
0004| consolidation increasing the total amount of authorized shares
|
0005| [which] that the surviving or new corporation is authorized
|
0006| to issue in excess of the aggregate number of shares [which]
|
0007| that the merging or consolidating domestic and foreign
|
0008| corporations authorized to transact business in this state had
|
0009| authority to issue, a fee of one dollar ($1.00) for each one
|
0010| thousand shares of the increase in the total amount of
|
0011| authorized shares represented in this state, but in no case less
|
0012| than two hundred dollars ($200) or more than one thousand
|
0013| dollars ($1,000);
|
0014| (14) filing an application for withdrawal of a
|
0015| foreign corporation and issuing a certificate of withdrawal, a
|
0016| fee of fifty dollars ($50.00);
|
0017| (15) filing a corporate report and filing a
|
0018| supplemental report, a fee of twenty-five dollars ($25.00);
|
0019| (16) filing any other statement, corrected
|
0020| document or report of a domestic or foreign corporation, a fee
|
0021| of twenty-five dollars ($25.00);
|
0022| (17) issuing a certificate of good standing and
|
0023| compliance, a fee of fifty dollars ($50.00); [and]
|
0024| (18) issuing a letter of reinstatement of a
|
0025| domestic or foreign corporation, a fee of one hundred dollars
|
0001| ($100); and
|
0002| (19) filing the election results of any
|
0003| telephone cooperative association with more than nine thousand
|
0004| members, a fee of twenty-five dollars ($25.00).
|
0005| B. The state corporation commission shall also
|
0006| charge and collect for furnishing copies of any document,
|
0007| instrument or paper relating to a corporation a fee of one
|
0008| dollar ($1.00) per page, but in no case less than ten dollars
|
0009| ($10.00). In addition, a fee of twenty-five dollars ($25.00)
|
0010| shall be paid in each instance where the commission provides the
|
0011| copies of the document to be certified.
|
0012| C. As used in this section:
|
0013| (1) "total amount of authorized shares" means
|
0014| all shares of stock the corporation is authorized to issue; and
|
0015| (2) "number of authorized shares represented in
|
0016| this state" means the proportion of a corporation's total amount
|
0017| of authorized shares that the sum of the value of its property
|
0018| located in this state and the gross amount of business
|
0019| transacted by it or from places of business in this state bears
|
0020| to the sum of the value of all of its property, wherever
|
0021| located, and the gross amount of its business, wherever
|
0022| transacted, as determined from information contained in its
|
0023| application for a certificate of authority to transact business
|
0024| in this state.
|
0025| D. The state corporation commission shall also
|
0001| charge and collect fees, according to a fee schedule approved by
|
0002| the department of finance and administration, for the provision
|
0003| of services requested by persons, agencies and entities dealing
|
0004| with the commission."
|
0005|
|
0006|
|
0007|
|
0008| FORTY-SECOND LEGISLATURE
|
0009| SECOND SESSION, 1996
|
0010|
|
0011|
|
0012| JANUARY 31, 1996
|
0013|
|
0014| Mr. President:
|
0015|
|
0016| Your COMMITTEES' COMMITTEE, to whom has been referred
|
0017|
|
0018| SENATE BILL 696
|
0019|
|
0020| has had it under consideration and finds same to be GERMANE, PURSUANT
|
0021| TO CONSTITUTIONAL PROVISIONS, and thence referred to the RULES
|
0022| COMMITTEE.
|
0023|
|
0024| Respectfully submitted,
|
0025|
|
0001|
|
0002|
|
0003|
|
0004| __________________________________
|
0005| SENATOR MANNY M. ARAGON, Chairman
|
0006|
|
0007|
|
0008|
|
0009| Adopted_______________________ Not Adopted_______________________
|
0010| (Chief Clerk) (Chief Clerk)
|
0011|
|
0012|
|
0013| Date ________________________
|
0014|
|
0015|
|
0016|
|
0017| S0696CC1
|
0018|
|
0019| FORTY-SECOND LEGISLATURE
|
0020| SECOND SESSION, 1996
|
0021|
|
0022|
|
0023| Februry 10, 1996
|
0024|
|
0025| Mr. President:
|
0001|
|
0002| Your RULES COMMITTEE, to whom has been referred
|
0003|
|
0004| SENATE BILL 696
|
0005|
|
0006| has had it under consideration and reports same with recommendation that
|
0007| it DO PASS, and thence referred to the FINANCE COMMITTEE.
|
0008|
|
0009| Respectfully submitted,
|
0010|
|
0011|
|
0012|
|
0013| __________________________________
|
0014| Gloria Howes, Chairman
|
0015|
|
0016|
|
0017|
|
0018| Adopted_______________________ Not Adopted_______________________
|
0019| (Chief Clerk) (Chief Clerk)
|
0020|
|
0021|
|
0022| Date ________________________
|
0023|
|
0024|
|
0025| The roll call vote was 7 For 0 Against
|
0001| Yes: 7
|
0002| No: 0
|
0003| Excused: EJennings, Wray
|
0004| Absent: 0
|
0005|
|
0006|
|
0007| SJ069RU1
|
0008|
|
0009|
|