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A255, R269, H3196
Sponsors: Reps. Whitmire, Mahaffey and Sandifer
Document Path: l:\council\bills\dka\3059dw05.doc
Introduced in the House on January 11, 2005
Introduced in the Senate on April 5, 2005
Last Amended on March 16, 2006
Passed by the General Assembly on March 23, 2006
Governor's Action: April 8, 2006, Signed
Summary: Electronic ballot authorized for nonprofit organization
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/22/2004 House Prefiled 12/22/2004 House Referred to Committee on Judiciary 1/11/2005 House Introduced and read first time HJ-121 1/11/2005 House Referred to Committee on Judiciary HJ-121 3/30/2005 House Committee report: Favorable Judiciary HJ-13 3/31/2005 House Read second time HJ-20 3/31/2005 House Unanimous consent for third reading on next legislative day HJ-21 4/1/2005 House Read third time and sent to Senate HJ-2 4/5/2005 Senate Introduced and read first time SJ-10 4/5/2005 Senate Referred to Committee on Judiciary SJ-10 4/11/2005 Senate Referred to Subcommittee: Gregory (ch), Elliott, Anderson, Ritchie, Cleary SJ-18 3/15/2006 Senate Committee report: Favorable with amendment Judiciary SJ-18 3/16/2006 Senate Amended SJ-20 3/16/2006 Senate Read second time SJ-20 3/21/2006 Senate Read third time and returned to House with amendments SJ-14 3/23/2006 House Concurred in Senate amendment and enrolled HJ-37 4/6/2006 Ratified R 269 4/8/2006 Signed By Governor 4/12/2006 Copies available 4/12/2006 Effective date 04/08/06 4/26/2006 Act No. 255
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
(A255, R269, H3196)
AN ACT TO AMEND SECTION 33-31-708, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ACTION TAKEN BY BALLOT OF A NONPROFIT CORPORATION, SO AS TO AUTHORIZE THE USE OF AN ELECTRONIC BALLOT.
Be it enacted by the General Assembly of the State of South Carolina:
Corporation, nonprofit, authorized to use electronic ballot
SECTION 1. Section 33-31-708 of the 1976 Code is amended to read:
"Section 33-31-708. (a) Unless prohibited or limited by the articles or bylaws, any action that may be taken at any annual, regular, or special meeting of members may be taken without a meeting if the corporation delivers a written or electronic ballot to every member entitled to vote on the matter.
(b) A written or electronic ballot shall:
(1) set forth each proposed action; and
(2) provide an opportunity to vote for or against each proposed action.
(c) Approval by written or electronic ballot pursuant to this section is valid only when the number of votes cast by ballot equals or exceeds the quorum required to be present at a meeting authorizing the action, and the number of approvals equals or exceeds the number of votes that would be required to approve the matter at a meeting at which the total number of votes cast was the same as the number of votes cast by ballot.
(d) All solicitations for votes by written or electronic ballot shall:
(1) indicate the number of responses needed to meet the quorum requirements;
(2) state the percentage of approvals necessary to approve each matter other than election of directors; and
(3) specify the time by which a ballot must be received by the corporation in order to be counted.
(e) Except as otherwise provided in the articles or bylaws, a written or electronic ballot may not be revoked."
SECTION 2. This act takes effect upon approval by the Governor.
Ratified the 6th day of April, 2006.
Approved the 8th day of April, 2006.
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