In this chapter, unless the context otherwise requires:
(1) "Person" includes any natural person, firm, association, corporation, business trust, partnership, federal agency, state or political subdivision or agency thereof, or any body politic.
(2) "Member" means each incorporator of a cooperative and each person admitted to and retaining membership therein and shall include a husband and wife admitted to joint membership.
(3) "Articles of incorporation" includes the articles of conversion of a converted corporation.
(4) "Commission" means the South Carolina Public Service Commission.
(5) "Corridor" means the area within 300 feet of an electric supplier's distribution lines as described in Act 432 of 1969.
(6) "Broadband affiliate" is as defined in Section 58-9-3010(2).
(7) "Broadband network" is as defined in Section 58-9-3010(4).
(8) "Broadband service" is as defined in Section 58-9-3010(5).
Corporations organized under this chapter and corporations which become subject to this chapter in the manner provided herein are hereinafter referred to as "cooperatives".
HISTORY: 1962 Code Section 12-1002; 1952 Code Section 12-1002; 1942 Code Sections 8555-92, 8555-106, 8555-121; 1939 (41) 240; 1972 (57) 2757; 2004 Act No. 179, Section 2; 2020 Act No. 175 (H.3780), Section 2, eff September 29, 2020.
Editor's Note
2020 Act No. 175, Section 6, provides as follows:
"SECTION 6. This act does not convey or confer any implied or express grant of authority to an investor-owned electric utility to provide broadband facilities or broadband services as defined in this act and any legal rights which may or may not belong to investor-owned electric utilities to provide broadband facilities or broadband services at the time of the passage of this act are neither expanded nor contracted by its passage."
Effect of Amendment
2020 Act No. 175, Section 2, inserted (6) to (8) and made nonsubstantive changes throughout.
Structure South Carolina Code of Laws
Title 33 - Corporations, Partnerships and Associations
Chapter 49 - Electric Cooperatives
Section 33-49-10. Short title.
Section 33-49-20. Definitions.
Section 33-49-30. Waiver of notice.
Section 33-49-40. Acknowledgments.
Section 33-49-50. Exemption from control of Public Service Commission.
Section 33-49-60. Uniform Securities Act provisions are not applicable.
Section 33-49-70. Recording of mortgages; effect thereof.
Section 33-49-80. Filing of papers by Secretary of State.
Section 33-49-90. Transmission and filing certified copies of articles in clerks' offices.
Section 33-49-110. All papers shall be filed in quadruplicate.
Section 33-49-130. Construction of chapter.
Section 33-49-140. Certain rights and agreements not affected.
Section 33-49-150. Authority and jurisdiction over electric cooperatives.
Section 33-49-160. Association requirements and conduct.
Section 33-49-210. Purpose of organization under this chapter.
Section 33-49-220. Organizers.
Section 33-49-230. Articles of incorporation.
Section 33-49-240. Name of cooperative.
Section 33-49-250. Powers of cooperative.
Section 33-49-260. Sale of assets.
Section 33-49-270. Mortgage or pledge of assets.
Section 33-49-410. Membership.
Section 33-49-450. Disposition of propositions presented by not less than ten per cent of members.
Section 33-49-460. Patronage capital contributions, allocations, and retirements.
Section 33-49-470. Liability of members.
Section 33-49-615. Disclosure of compensation and benefits.
Section 33-49-620. Voting districts for trustees and for delegates.
Section 33-49-621. Single-member voting districts.
Section 33-49-625. Notice, votes, and minutes.
Section 33-49-630. Compensation or employment of trustee; actions and conduct prohibited.
Section 33-49-640. Annual election and term of trustees.
Section 33-49-645. Conduct of elections.
Section 33-49-650. Division of trustees into classes.
Section 33-49-660. Quorum of trustees.
Section 33-49-670. Officers and employees.
Section 33-49-810. Amendment of articles of incorporation.
Section 33-49-820. Change of principal office.
Section 33-49-830. Consolidation of cooperatives.
Section 33-49-840. Merger into another cooperative.
Section 33-49-850. Effect of consolidation or merger.
Section 33-49-1010. Dissolution before commencing business.
Section 33-49-1020. Dissolution after commencing business.
Section 33-49-1030. Action of board and members.
Section 33-49-1040. Certificate of dissolution and affidavit.
Section 33-49-1050. Filing of certificate and affidavit; effect thereof.
Section 33-49-1060. Notice of winding up.
Section 33-49-1070. Power of board of trustees to wind up affairs.
Section 33-49-1080. Articles of dissolution.
Section 33-49-1210. Corporations permitted to convert into cooperatives.
Section 33-49-1220. Articles of conversion.
Section 33-49-1230. Approval at membership meeting.
Section 33-49-1240. Execution of articles and affidavit; submission to Secretary of State.
Section 33-49-1310. Foreign rural electric cooperatives may do business in State.
Section 33-49-1320. Designation of Secretary of State as agent to accept service of process.
Section 33-49-1330. Suits; securing evidences of indebtedness.
Section 33-49-1410. Definitions.
Section 33-49-1420. Termination procedures; contents.
Section 33-49-1430. Third-party notification system.
Section 33-49-1440. Disconnection when public safety emergency exists.