Senate File 579 S-3160 Amend Senate File 579 as follows: 1 1. By striking page 41, line 25, through page 42, line 1, 2 and inserting: 3 < Sec. ___. NEW SECTION . 490.209 Foreign-trade zone 4 corporation. 5 A domestic corporation may be incorporated or organized 6 under the laws of this state, and a foreign corporation may be 7 registered or authorized to transact business in this state, 8 for the purpose of establishing, operating, and maintaining 9 a foreign-trade zone as defined in 19 U.S.C. §81(a). The 10 domestic or foreign corporation must maintain its principal 11 place of business in this state. The domestic or foreign 12 corporation described in this section has all powers necessary 13 or convenient for applying for a grant of authority to 14 establish, operate, and maintain a foreign-trade zone under 15 19 U.S.C. §81(a) et seq., and regulations promulgated under 16 that law, and for establishing, operating, and maintaining a 17 foreign-trade zone pursuant to that grant of authority. > 18 2. Page 131, by striking lines 22 through 24 and inserting: 19 < Sec. ___. NEW SECTION . 490.901A Subchapter definitions. > 20 3. Page 246, by striking lines 14 and 15 and inserting: 21 < Sec. ___. NEW SECTION . 490.1802 Application to existing 22 foreign corporations. > 23 4. Page 247, by striking lines 12 through 18 and inserting: 24 < a. Section 490.135, as amended by this division of this 25 Act, to section 490.130. 26 b. Section 490.833, as amended by this division of this Act, 27 to section 490.832. 28 c. Section 490.629 to section 490.628. 29 d. Section 490.901A, as enacted in this division of this 30 Act, to section 490.901. 31 e. Section 490.1622, as amended by this division of this 32 Act, to section 490.1621. > 33 5. By striking page 258, line 34, through page 260, line 16, 34 and inserting: 35 -1- SF 579.2090 (3) 89 amending this SF 579 to CONFORM to HF 844 da/jh 1/ 5 #1. #2. #3. #4. #5.
< Sec. ___. Section 501.303, Code 2021, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 3. The board may hold the meeting solely 3 by means of remote communication in accordance with section 4 501.303A and in that case the notice shall describe how members 5 may participate in the meeting. 6 Sec. ___. NEW SECTION . 501.303A Remote participation in 7 meetings of members. 8 1. Members of any class or series may participate in 9 any meeting of members by means of remote communication to 10 the extent the board authorizes such participation for such 11 class or series. Participation as a member by means of 12 remote communication shall be subject to such guidelines and 13 procedures as the board adopts, and shall be in conformity with 14 subsection 2. 15 2. Members participating in a meeting of members by means of 16 remote communication shall be deemed present and may vote at 17 such a meeting if the cooperative has implemented reasonable 18 measures to do all of the following: 19 a. Verify that each person participating remotely as a 20 member is a member. 21 b. Provide such members a reasonable opportunity to 22 participate in the meeting and to vote on matters submitted 23 to the members, including an opportunity to communicate, and 24 to read or hear the proceedings of the meeting, substantially 25 concurrently with such proceedings. 26 3. Unless the bylaws require the meeting of members to be 27 held at a place, the board may determine that any meeting of 28 members shall not be held at any place and shall instead be 29 held solely by means of remote communication, but only if the 30 cooperative implements the measures specified in subsection 2. 31 Sec. ___. Section 501A.807, subsections 2 and 3, Code 2021, 32 are amended to read as follows: 33 2. Members’ meetings held solely by means of remote 34 communication. To the extent authorized in the articles, a 35 -2- SF 579.2090 (3) 89 amending this SF 579 to CONFORM to HF 844 da/jh 2/ 5
member control agreement, or the bylaws , or a board resolution, 1 and determined by the board, a regular or special meeting of 2 members may be held solely by any combination of means of 3 remote communication through which the members may participate 4 in the meeting, if notice of the meeting is given to every 5 owner of membership interests entitled to vote as would be 6 required by this chapter for a meeting, and if the membership 7 interests held by the members participating in the meeting 8 would be sufficient to constitute a quorum at a meeting. 9 Participation by a member by that means constitutes presence at 10 the meeting in person or by proxy if all the other requirements 11 of this chapter for the meeting are met. 12 3. Participation in members’ meetings by means of remote 13 communication. To the extent authorized in the articles , or 14 the bylaws , or a board resolution, and determined by the board, 15 a member not physically present in person or by proxy at a 16 regular or special meeting of members may, by means of remote 17 communication, participate in a meeting of members held at a 18 designated place. Participation by a member by that means 19 constitutes presence at the meeting in person or by proxy if 20 all the other requirements of this chapter for the meeting are 21 met. > 22 6. Page 261, after line 31 by inserting: 23 < PART ___ 24 EFFECTIVE DATE > 25 7. Page 267, after line 10 by inserting: 26 < DIVISION ___ 27 FOREIGN-TRADE ZONE CORPORATIONS 28 Sec. ___. Section 490.901, Code 2021, is amended to read as 29 follows: 30 490.901 Foreign-trade zone corporation. 31 1. A domestic corporation may be incorporated or organized 32 under the laws of this state , and a foreign corporation may be 33 authorized or registered to transact business in this state, 34 for the purpose of establishing, operating, and maintaining 35 -3- SF 579.2090 (3) 89 amending this SF 579 to CONFORM to HF 844 da/jh 3/ 5 #6. #7.
a foreign-trade zone as defined in 19 U.S.C. §81(a). The 1 domestic or foreign corporation must maintain its principal 2 place of business in this state. A The domestic or foreign 3 corporation organized for the purposes set forth in this 4 section described in this section has all powers necessary or 5 convenient for applying for a grant of authority to establish, 6 operate, and maintain a foreign-trade zone under 19 U.S.C. 7 §81(a) et seq., and regulations promulgated under that law, and 8 for establishing, operating, and maintaining a foreign-trade 9 zone pursuant to that grant of authority. 10 2. This section is repealed on January 1, 2022. 11 Sec. ___. Section 491.36, Code 2021, is amended to read as 12 follows: 13 491.36 Foreign-trade zone corporation. 14 A domestic corporation may be incorporated or organized 15 under the laws of this state , and a foreign corporation may be 16 authorized or registered to transact business in this state, 17 for the purpose of establishing, operating, and maintaining a 18 foreign-trade zone as defined in 19 U.S.C. §81a. The domestic 19 or foreign corporation must maintain its principal place of 20 business in this state. A The domestic or foreign corporation 21 organized for the purposes set forth in this section described 22 in this section has all powers necessary or convenient for 23 applying for a grant of authority to establish, operate, and 24 maintain a foreign-trade zone under the provisions of 19 25 U.S.C. §81a, et seq., and rules promulgated thereunder under 26 that law , and for establishing, operating, and maintaining a 27 foreign-trade zone pursuant to that grant of authority. 28 Sec. ___. NEW SECTION . 504.208 Foreign-trade zone 29 corporation. 30 A domestic corporation may be incorporated or organized 31 under the laws of this state, and a foreign corporation may be 32 authorized or registered to transact business in this state, 33 for the purpose of establishing, operating, and maintaining 34 a foreign-trade zone as defined in 19 U.S.C. §81(a). The 35 -4- SF 579.2090 (3) 89 amending this SF 579 to CONFORM to HF 844 da/jh 4/ 5
domestic or foreign corporation must maintain its principal 1 place of business in this state. The domestic or foreign 2 corporation described in this section has all powers necessary 3 or convenient for applying for a grant of authority to 4 establish, operate, and maintain a foreign-trade zone under 5 19 U.S.C. §81(a) et seq., and regulations promulgated under 6 that law, and for establishing, operating, and maintaining a 7 foreign-trade zone pursuant to that grant of authority. 8 Sec. ___. EFFECTIVE DATE. This division of this Act, being 9 deemed of immediate importance, takes effect upon enactment. > 10 8. By renumbering as necessary. 11 ______________________________ ZACH WHITING -5- SF 579.2090 (3) 89 amending this SF 579 to CONFORM to HF 844 da/jh 5/ 5 #8.