HB 114: "An Act relating to an opt-out charitable giving program offered by an electric or telephone cooperative."
00 HOUSE BILL NO. 114 01 "An Act relating to an opt-out charitable giving program offered by an electric or 02 telephone cooperative." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 10.25.010(a) is amended to read: 05 (a) Except as provided in (b) of this section, an electric or telephone 06 cooperative may 07 (1) sue and be sued in its corporate name; 08 (2) have perpetual existence; 09 (3) adopt a corporate seal and alter it; 10 (4) construct, buy, lease, or otherwise acquire, and equip, maintain, 11 and operate, and sell, assign, convey, lease, mortgage, pledge, or otherwise dispose of 12 or encumber lands, buildings, structures, electric or telephone lines or systems, dams, 13 plants and equipment, and any other real or personal property, tangible or intangible, 14 that is necessary, convenient, or appropriate to accomplish the purpose for which the
01 cooperative is organized; 02 (5) buy, lease, or otherwise acquire, and use, and exercise and sell, 03 assign, convey, mortgage, pledge or otherwise dispose of or encumber franchises, 04 rights, privileges, licenses, and easements; 05 (6) borrow money and otherwise contract indebtedness, and issue 06 evidences of indebtedness, and secure the payment of the indebtedness by mortgage, 07 pledge, or deed of trust of, or any other encumbrance upon its real or personal 08 property, assets, franchises, or revenues; 09 (7) construct, maintain, and operate electric transmission and 10 distribution lines, or telephone lines along, upon, under and across publicly owned 11 lands and public thoroughfares, including, without limitation, all roads, highways, 12 streets, alleys, bridges, and causeways; 13 (8) exercise the power of eminent domain; 14 (9) become a member of other cooperatives or corporations or own 15 stock in them; 16 (10) conduct its business and exercise its powers inside or outside the 17 state; 18 (11) adopt, amend, and repeal bylaws; 19 (12) make all contracts necessary, convenient, or appropriate for the 20 full exercise of its powers; 21 (13) make donations for the public welfare or for charitable, scientific, 22 or educational purposes; 23 (14) offer an opt-out charitable giving program as described in AS 24 10.25.237; 25 (15) do and perform any other act and thing, and have and exercise any 26 other power that may be necessary, convenient, or appropriate to accomplish the 27 purpose for which the cooperative is organized. 28 * Sec. 2. AS 10.25 is amended by adding a new section to article 1 to read: 29 Sec. 10.25.237. Electric or telephone cooperative opt-out charitable giving 30 program. (a) Notwithstanding AS 45.45.930 and if approved by the membership of 31 the cooperative in accordance with this chapter, an electric or telephone cooperative
01 may offer its members an opportunity to participate in an opt-out charitable giving 02 program that rounds the monthly bill of a member to the next whole dollar amount but 03 does not exceed 99 cents a month. 04 (b) To qualify as an allowable opt-out charitable giving program under this 05 section, the cooperative shall 06 (1) clearly identify on each monthly billing statement the amount 07 added after rounding to the next whole dollar amount and provide instructions on each 08 monthly billing statement explaining how to opt out of the program in person at the 09 cooperative, in writing, by telephone, or by using the Internet; 10 (2) include a notation on each monthly billing statement informing the 11 member that the amount rounded to the next whole dollar is a voluntary contribution 12 by the member; 13 (3) use the program's proceeds only for charitable donations and for no 14 other purpose; and 15 (4) allow a member the opportunity to claim a full refund of all 16 amounts paid by the member under the program for at least the three preceding years. 17 * Sec. 3. AS 45.45.930 is amended by adding a new subsection to read: 18 (f) This section does not apply to an opt-out charitable giving program offered 19 by an electric or telephone cooperative under AS 10.25.237.