South Carolina General Assembly
116th Session, 2005-2006

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Bill 3196

Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

COMMITTEE AMENDMENT ADOPTED

March 16, 2006

H. 3196

Introduced by Reps. Whitmire, Mahaffey and Sandifer

S. Printed 3/16/06--S.

Read the first time April 5, 2005.

            

A BILL

TO AMEND SECTION 33-31-708, AS AMENDED, 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.

Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

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.

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