BILL NUMBER: SB 918 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 13, 2011
INTRODUCED BY Senator Anderson
FEBRUARY 18, 2011
An act to add Section 301.9 to the Corporations Code, relating to
mutual water companies.
LEGISLATIVE COUNSEL'S DIGEST
SB 918, as amended, Anderson. Mutual water companies: boards of
directors.
Existing law provides for the formation and operation of general
corporations, and specifies that directors shall be elected to the
board of directors at each annual meeting of shareholders to serve
until the next annual meeting, except as provided for a publicly
listed corporation.
This bill would provide that a mutual water company incorporated
as a general corporation may elect directors to staggered 4-year
terms and allow the initially elected directors to determine by lot
which of them shall instead serve a 2-year term, as specified.
The bill would require the mutual water company to notify its
shareholders, prior to the election, that the directors shall
determine their terms by lot.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 301.9 is added to the Corporations Code, to
read:
301.9. Notwithstanding Section 301, a mutual water company
organized under this division may elect directors to serve staggered
four-year terms if authorized in the corporation's articles of
incorporation or bylaws. Upon the initial election of directors to
staggered terms, the elected directors shall determine by lot who
among them shall serve initial two-year terms and who among them
shall serve four-year terms. Prior to any election in which the
terms of elected directors shall be determined by lot, the mutual
water company shall notify its shareholders that the terms of the
directors elected shall be determined among those directors by lot.