South Carolina Code of Laws
Chapter 49 - Electric Cooperatives
Section 33-49-630. Compensation or employment of trustee; actions and conduct prohibited.

(A) The bylaws may make provision for the compensation of trustees; provided, however, that compensation shall not be paid except for actual attendance upon activities authorized by the board. The bylaws may also provide for the travel, expenses and other benefits of trustees, as set by the board. A trustee must not be employed by the cooperative in any other capacity involving compensation.
(B) A member of an electric cooperative's board of trustees may not:
(1) knowingly use his position as a trustee to obtain an economic interest in addition to his compensation, if any, for serving as a member of the board of trustees for himself, a family member, an individual with whom he is associated, or a business with which he is associated;
(2) have a business relationship with the electric cooperative that is distinct from or in addition to the trustee's mandatory cooperative membership pursuant to Section 33-49-610(A) or his service on the board of trustees; or
(3) appoint, direct, or cause a family member to become a member of a committee or an employee of the cooperative.
(C) A member of an electric cooperative board of trustees is not prohibited by this section from accepting goods or services such as lodging, transportation, entertainment, food, meals, beverages, or any other thing of value provided that:
(1) the value of the good or service is reasonable and the purpose relates to his duties as a trustee;
(2) the good or service is furnished on the same terms or at the same expense to a member of the general public or to general attendees of functions considered reasonable by the board for the fulfillment of his duties as a trustee; or
(3) if the good or service is of more than twenty-five dollars in value and is furnished to the trustee by a company that the trustee knows, has, or seeks a business relationship other than a cooperative membership with the cooperative, on whose board the trustee serves and the cooperative is not an owner or a member of that company, the trustee must disclose the acceptance of the good or service to the board.
(D) For purposes of this section, "an individual with whom he is associated" has the same meaning as provided in Section 8-13-100(21) and "family member" has the same meaning as provided in Section 8-13-100(15).
HISTORY: 1962 Code Section 12-1043; 1952 Code Section 12-1043; 1942 Code Section 8555-99; 1939 (41) 240; 1976 Act No. 631; 2019 Act No. 56 (H.3145), Section 10, eff May 16, 2019.

Editor's Note
2019 Act No. 56, Section 16, provides as follows:
"SECTION 16. Where the provisions of new or revised 1976 Code sections or subsections contained in this act conflict with provisions of the bylaws of an electric cooperative, the provisions of this act control and the cooperative, as permitted by Section 33-49-280, shall amend and conform its bylaw provisions accordingly."
Effect of Amendment
2019 Act No. 56, Section 10, rewrote the section, prohibiting certain actions or conduct by trustees, with exceptions.

Structure South Carolina Code of Laws

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 33-49-100. Fees.

Section 33-49-110. All papers shall be filed in quadruplicate.

Section 33-49-120. Cooperatives and foreign corporations shall be subject to all taxes except income taxes.

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 33-49-255. Restrictions on interruption of electric service to residential customer for nonpayment of bill; exceptions.

Section 33-49-260. Sale of assets.

Section 33-49-270. Mortgage or pledge of assets.

Section 33-49-280. Bylaws.

Section 33-49-410. Membership.

Section 33-49-420. Meetings.

Section 33-49-430. Quorum.

Section 33-49-440. Voting.

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 33-49-610. Trustees.

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 33-49-680. Definitions; indemnification of officers, trustees, employees, and agents, insurance.

Section 33-49-690. Immunity.

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.

Section 33-49-1450. Private right of action; duty of care.