(A) In addition to the general powers of nonprofit corporations contained within Section 33-36-260, nonprofit corporations created pursuant to this chapter may:
(1) engage in the business of supplying water or sewage disposal, or a combination of water and sewer services, and provide other services and facilities including, but not limited to, fire protection services, ambulance services, and medical clinic facilities to individuals, corporations, and political subdivisions within the geographical area specified within the articles of incorporation, including water districts;
(2) exercise, in connection with water or sewage disposal business, the power of eminent domain as prescribed in Section 6-13-50(19);
(3) borrow funds and contract with municipalities, counties, and other political subdivisions for the provision of services and facilities including, but not limited to, fire protection services, ambulance services, and medical clinic facilities in accordance with this chapter and the Rural Development Act of 1972.
(B) Counties, municipalities, and other political subdivisions may contract with nonprofit corporations for those purposes, and water and sewer authorities also may make provision for fire protection. Before providing any of the services authorized in this section, a nonprofit corporation or a group intending to organize a nonprofit corporation must notify the governing body of the county or municipality in which the service is to be provided of its intention and the nature of the service. The governing body shall have a period of ninety days from the date of the notification to approve the request to provide the services or inform the person requesting permission to provide the service that the governing body intends to provide for the service as a public function of government. The notification of intent by the governing body must include a detailed description of the area to be served, the services to be provided, and the time schedule under which the service will be available from the county or municipality. Failure to notify the corporation within ninety days of the governing body's approval or intent to serve is considered approval.
HISTORY: 2000 Act No. 404, Section 2.
Structure South Carolina Code of Laws
Title 33 - Corporations, Partnerships and Associations
Chapter 36 - Corporations Not-for-profit Financed By Federal Or State Loans
Section 33-36-10. "Corporation not-for-profit" defined.
Section 33-36-210. Articles of incorporation.
Section 33-36-220. When corporation constituted.
Section 33-36-240. Amendment of charter and articles of incorporation.
Section 33-36-250. Conformance to provisions of Sections 33-36-10 and 33-36-20.
Section 33-36-270. Additional powers.
Section 33-36-290. Effect of irregularity in complying with provisions of chapter.
Section 33-36-300. Amendment of bylaws; emergency bylaws.
Section 33-36-410. Use of services provided as condition of membership.
Section 33-36-420. Annual meetings.
Section 33-36-450. Member petitions.
Section 33-36-460. Private property of members exempted from liability for debt of corporation.
Section 33-36-610. Governing board; powers; membership.
Section 33-36-630. Indemnification of board members who become parties to proceedings.
Section 33-36-640. Standards for board members.
Section 33-36-650. Election of board members; district representation; terms.
Section 33-36-810. Sale of assets.
Section 33-36-820. Consolidation.
Section 33-36-840. Effect of consolidation or merger.
Section 33-36-1030. Certificate of election to dissolve; affidavit of compliance.
Section 33-36-1040. Submission of certificate of dissolution and affidavit to Secretary of State.
Section 33-36-1050. Winding up and settling affairs.
Section 33-36-1060. Notice of winding up proceedings.
Section 33-36-1070. Articles of dissolution.
Section 33-36-1210. Corporations organized under Chapter 35 of Title 33.
Section 33-36-1315. Resolution to become public service district; notice; petition; vote.
Section 33-36-1320. Petition for charter.
Section 33-36-1330. Appointment or election of board members.
Section 33-36-1340. Election of commissioners.
Section 33-36-1350. Election of officers by the board.