S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6190
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 14, 2021
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 AN  ACT  to  amend  the  rural  electric cooperative law, in relation to
   allowing meetings of members to be held partially or solely  by  means
   of electronic communication

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions (c), (d) and (e) of section 17  of  the  rural
 electric cooperative law are amended to read as follows:
   (c)  Except  as  otherwise provided in this chapter written or printed
 notice stating the time and place of each meeting of the members and, in
 the case of a special meeting, the purpose or  purposes  for  which  the
 meeting  is  called, shall be given to each member, either personally or
 by mail, not less than ten days nor more than  [twenty-five]  FORTY-FIVE
 days  before  the  date  of the meeting. If mailed, such notice shall be
 deemed to be given when deposited in the United States mail with postage
 prepaid addressed to the member at his address  as  it  appears  on  the
 records of the cooperative.
   (d)  Unless the by-laws prescribe the presence of a greater percentage
 or number of the members for a quorum, a quorum for the  transaction  of
 business at all meetings of the members of a cooperative having not more
 than  one  thousand  members,  shall  be five per centum of all members,
 present in person OR ELECTRONICALLY, and of a  cooperative  having  more
 than  one thousand members, shall be fifty members, present in person OR
 ELECTRONICALLY.  THIS PROVISION SHALL NOT  PREVENT  A  COOPERATIVE  FROM
 ADOPTING  A  BY-LAW THAT ONLY ALLOWS AN IN-PERSON QUORUM FOR MEETINGS OF
 MEMBERS. If less than a quorum is present at any meeting, a majority  of
 those  present in person may adjourn the meeting from time to time with-
 out further notice.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10575-01-1
              

 S. 6190                             2
 
   (e) Each member shall be entitled to one vote on each matter submitted
 to a vote at a meeting  of  the  members.  Voting  shall  EITHER  be  in
 person[,  but,  if  the  by-laws  so provide, may also be by proxy or by
 mail, or both] OR BY PROXY, MAIL, OR ELECTRONIC MEANS, OR  ANY  COMBINA-
 TION  OF  THE ABOVE. If the by-laws provide for voting by proxy [or by],
 mail, OR ELECTRONIC MEANS, they  shall  also  prescribe  the  conditions
 under  which  such  voting  shall  be permitted. No person shall vote as
 proxy for more than three members at any meeting of the members.
   § 2. Section 17 of the rural electric cooperative law  is  amended  by
 adding a new subdivision (g) to read as follows:
   (G)  THE  BOARD  OF DIRECTORS MAY, IN ITS SOLE DISCRETION, DIRECT THAT
 MEETINGS OF MEMBERS BE HELD PARTIALLY OR SOLELY BY MEANS  OF  ELECTRONIC
 COMMUNICATION,  AND  THE  ELECTRONIC  SERVICE AND/OR PLATFORM BY WHICH A
 MEETING IS HELD SHALL BE THE PLACE OF SUCH MEETING FOR PURPOSES OF  THIS
 SECTION  IF  SUCH MEETING IS HELD SOLELY BY MEANS OF ELECTRONIC COMMUNI-
 CATION. MEETINGS CONDUCTED PARTIALLY OR SOLELY BY  MEANS  OF  ELECTRONIC
 COMMUNICATION  PURSUANT  TO THIS SUBDIVISION AND ANY MEMBER'S ELECTRONIC
 PARTICIPATION IN SUCH MEETINGS SHALL BE SUBJECT TO SUCH  GUIDELINES  AND
 PROCEDURES  AS  THE  BOARD  ADOPTS,  PROVIDED  THE BOARD SHALL IMPLEMENT
 REASONABLE MEASURES TO: (1) VERIFY THAT EACH PERSON PARTICIPATING  ELEC-
 TRONICALLY  IS A MEMBER OR A PROXY OF A MEMBER ACCORDING TO THE TERMS OF
 SUBDIVISION (E) OF THIS SECTION; (2) PROVIDE EACH  MEMBER  PARTICIPATING
 ELECTRONICALLY WITH A REASONABLE OPPORTUNITY TO PARTICIPATE IN THE MEET-
 ING,  INCLUDING  AN  OPPORTUNITY  TO PROPOSE, OBJECT TO, AND VOTE UPON A
 SPECIFIC ACTION TO BE TAKEN BY THE MEMBERS, AND TO SEE,  READ,  OR  HEAR
 THE  PROCEEDINGS OF THE MEETING SUBSTANTIALLY AND CONCURRENTLY WITH SUCH
 PROCEEDINGS; (3) RECORD AND MAINTAIN A RECORD  OF  ANY  VOTES  OR  OTHER
 ACTIONS TAKEN BY ELECTRONIC COMMUNICATION AT THE MEETING; AND (4) WITHIN
 A REASONABLE TIME AFTER, BUT NOT TO EXCEED SIXTY DAYS AFTER THE MEETING,
 DISTRIBUTE  MINUTES OF SUCH MEETING TO THE MEMBERS OF THE COOPERATIVE IN
 ELECTRONIC OR PAPER FORM.  MEMBERS OF A COOPERATIVE SHALL NOT HOLD MEET-
 INGS BY MEANS OF ELECTRONIC COMMUNICATION UNTIL THE PROVISIONS  OF  THIS
 SUBDIVISION HAVE BEEN ADOPTED AS A BYLAW AT A DULY HELD MEMBERSHIP MEET-
 ING.
   § 3. This act shall take effect immediately.