2013 US Code
Title 36 - Patriotic and National Observances, Ceremonies, And Organizations
Subtitle III - Treaty Obligation Organizations (§§ 300101 - 300113)
Chapter 3001 - THE AMERICAN NATIONAL RED CROSS (§§ 300101 - 300113)
Section 300104 - Board of governors
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS Subtitle III - Treaty Obligation Organizations CHAPTER 3001 - THE AMERICAN NATIONAL RED CROSS Sec. 300104 - Board of governors |
Contains | section 300104 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Pub. L. 105-225, Aug. 12, 1998, 112 Stat. 1491; Pub. L. 110-26, §6, May 11, 2007, 121 Stat. 106. |
Statutes at Large References | 33 Stat. 601 37 Stat. 647 41 Stat. 1354 61 Stat. 82 112 Stat. 1491 121 Stat. 106 |
Public Law References | Public Law 105-225, Public Law 110-26 |
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(a)
(1)
(2)
(A) as of March 31, 2009, and thereafter, there shall be no fewer than 12 and no more than 25 members; and
(B) as of March 31, 2012, and thereafter, there shall be no fewer than 12 and no more than 20 members constituting the entire board.
Procedures to implement the preceding sentence shall be provided in the bylaws.
(3)
(A)
(i)
(ii)
(iii)
(B)
(i)
(ii)
(b)
(1)
(A) the board of governors may provide under the bylaws that the terms of office of members of the board of governors elected to the board of governors before March 31, 2012, may be less than 3 years in order to implement the provisions of subparagraphs (A) and (B) of subsection (a)(2); and
(B) any member of the board of governors elected by the board to fill a vacancy in a board position arising before the expiration of its term may, as determined by the board, serve for the remainder of that term or until the next annual meeting of the corporation.
(2)
(3)
(c)
(1) may appoint, from its own members, an executive committee to exercise such powers of the board when the board is not in session as may be provided in the bylaws;
(2) may appoint such other committees or advisory councils with such powers as may be provided in the bylaws or a resolution of the board of governors;
(3) shall appoint such officers of the corporation, including a chief executive officer, with such duties, responsibilities, and terms of office as may be provided in the bylaws or a resolution of the board of governors; and
(4) may remove members of the board of governors (other than the chairman), officers, and employees under such procedures as may be provided in the bylaws or a resolution of the board of governors.
(d)
(1)
(2)
(A)
(B)
(3)
(e)
(f)
(1)
(2)
(g)
(1)
(A) at any time adopt bylaws; and
(B) at any time adopt bylaws to be effective only in an emergency.
(2)
(h)
(1) the term "entire board" means the total number of members of the board of governors that the corporation would have if there were no vacancies; and
(2) the term "emergency" shall have such meaning as may be provided in the bylaws.
(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1491; Pub. L. 110–26, §6, May 11, 2007, 121 Stat. 106.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
300104(a) | 36:5 (matter before (a)), (a), (b), (c) (1st, 3d pars.). | Jan. 5, 1905, ch. 23, §5 (matter before (a)), (a), (b), (c) (1st–5th pars., last par.), 33 Stat. 601; Dec. 10, 1912, ch. 1, §1, 37 Stat. 647; Mar. 3, 1921, ch. 131, §1, 41 Stat. 1354; May 8, 1947, ch. 50, §6, 61 Stat. 82, 83. |
300104(b) | 36:5(c) (2d, 4th pars.). | |
300104(c) | 36:5(c) (5th par.). | |
300104(d) | 36:5(c) (last par.). |
In subsection (a)(1), before clause (A), the word "direction" is omitted as included in "governing and managing". In clause (A), the words "of the United States" and "as may from time to time be" are omitted as unnecessary.
In subsection (a)(2), the words "One-third of the members elected to the board shall be elected at each national convention, and take office at that time or as soon as practicable after the convention" are substituted for 36:5(c) (3d par.) to eliminate unnecessary words.
In subsection (b)(1), the words "if, before the end of the 3-year term, the governor retires from the official position held at the time of appointment as a governor" are substituted for "if and when such Governor shall retire, prior to the date on which his term as Governor would otherwise expire, from the official position held at the time of his appointment as Governor" for clarity and to eliminate unnecessary words.
In subsection (b)(2), the words "as soon as practicable" are substituted for "as soon as may be" for clarity. The words "that may occur by death, resignation, or otherwise" are omitted as unnecessary. The words "a vacancy occurring in an elected position on the board" are substituted for "Any vacancy that may occur in the Governors elected by the chapters pursuant to subsection (b) of this section or in the Governors-at-large elected by the Board of Governors pursuant to subsection (c) of this section" to eliminate unnecessary words. The words "An individual appointed by the board to fill a vacancy serves" are substituted for "such appointees to serve" for clarity.
In subsection (c)(2), the words "of the corporation" are substituted for "designated by the President of the United States" for consistency in the revised section.
AMENDMENTS2007—Pub. L. 110–26 reenacted section catchline without change and amended section generally. Prior to amendment, section consisted of subsecs. (a) to (d) relating to the board of governors, its terms of office and filling of vacancies, the executive committee, and voting by proxy.
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