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