Louisiana 2010 Regular Session

Louisiana Senate Bill SB760

Introduced
4/20/10  

Caption

Limits the authority of the board of directors to dispose of the assets of an electrical co-op to another publicly-owned or privately-owned utility or entity and prohibits members of the board of directors from receiving anything of value from an entity which acquires a substantial portion of the cooperative's property for a period of two years following the acquisition. (8/15/10)

Impact

The proposed legislation intends to reinforce member control over the disposition of cooperative assets, ensuring that any significant decisions regarding the sale or management of these assets are subject to membership approval. Additionally, the bill introduces a two-year prohibition on board members receiving any compensation or benefits from acquiring entities following an asset sale, addressing potential conflicts of interest that could arise from such transactions.

Summary

Senate Bill 760 seeks to limit the authority of the board of directors of electrical cooperatives in the disposal of their assets. The bill mandates that any significant sale, mortgage, lease, or encumbrance of a cooperative's property to another publicly or privately owned utility can only occur with the affirmative vote of a majority of the cooperative's members. This change is aimed at ensuring that the interests of the cooperative's members are safeguarded during potential asset transactions.

Sentiment

The sentiment regarding SB 760 has been predominantly supportive among consumer advocacy groups and cooperative members who view the bill as a necessary protection against mismanagement and exploitation. However, some cooperative board members may perceive the restrictions as overly burdensome, arguing that the existing governance model adequately protects members' interests without additional legislative oversight.

Contention

Debate around SB 760 primarily revolves around the perceived need for enhanced regulatory oversight versus the operational autonomy of cooperatives. Proponents argue that member engagement is critical in decisions involving substantial assets, whereas opponents caution that increased requirements might hinder the ability of cooperatives to efficiently manage their affairs and respond quickly to market changes. Overall, this legislation aims to balance the need for accountability with the operational realities faced by electric cooperatives.

Companion Bills

No companion bills found.

Previously Filed As

LA SB921

Relating to access by the members of electric cooperatives to meetings of the boards of directors and certain information of the electric cooperatives.

LA HB1390

Relating to access by the members of electric cooperatives to meetings of the boards of directors and certain information of the electric cooperatives.

LA HB1002

Relating to access by the members of electric cooperatives to meetings of the boards of directors and certain information of the electric cooperatives.

LA SB1743

Relating to access by members of certain electric cooperatives to meetings of the boards of directors and certain information of the electric cooperatives.

LA SB27

Relating to agriculture authorities; to amend Section 11-20-71, Code of Alabama 1975, to authorize the board of directors of an authority to appoint former members of the board as directors emeritus to serve as goodwill ambassadors of the board; and to amend Section 11-20-80, Code of Alabama 1975, to exempt certain agricultural authorities from municipal ordinances or regulations without the consent of the authority.

LA HB1429

Provides relative to electric cooperatives

LA H5985

Makes technical amendments to the RI life science hub regarding the terms of the directors, advisory committees, powers, disposition of hub assets upon termination, and tax status as a governmental unit which is a separate legal entity from the state.

LA S1039

Makes technical amendments to the RI life science hub regarding the terms of the directors, advisory committees, powers, disposition of hub assets upon termination, and tax status as a governmental unit which is a separate legal entity from the state.

LA HB1535

Relating to the San Antonio River Authority, following recommendations of the Sunset Advisory Commission; altering the terms of office of the members of the board of directors of the authority.

LA SB2582

Relating to the San Antonio River Authority, following recommendations of the Sunset Advisory Commission; altering the terms of office of the members of the board of directors of the authority.

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