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H. 4613
STATUS INFORMATION
General Bill
Sponsors: Rep. Fry
Document Path: l:\council\bills\nl\13710sd18.docx
Introduced in the House on January 11, 2018
Currently residing in the House Committee on Labor, Commerce and Industry
Summary: Electric coops
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/11/2018 House Introduced and read first time (House Journal-page 594) 1/11/2018 House Referred to Committee on Labor, Commerce and Industry (House Journal-page 594)
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VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-49-415 SO AS TO PERMIT A JOINT MEMBERSHIP IN AN ELECTRIC COOPERATIVE SUBJECT TO CERTAIN REQUIREMENTS AND PROCEDURES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 3, Chapter 49, Title 33 of the 1976 Code is amended by adding:
"Section 33-49-415. (A) A member of an electric cooperative may apply at any time for conversion to a joint membership which is limited to two persons only, subject to compliance with the requirements in this section and Section 33-49-410. The term joint membership is considered to be a joint tenancy with full rights of survivorship, except as restricted by this section to two persons only. Any provisions relating to the rights and liabilities of membership apply equally with respect to the holders of a joint membership. For a joint membership the following rules apply:
(1) the presence at a meeting of either joint member is regarded as the presence of one member and of constituting a joint waiver of notice of the meeting;
(2) the vote of either joint member constitutes one vote, and no split vote is permitted;
(3) a waiver of notice signed by either joint member constitutes a joint waiver;
(4) notice to either joint member constitutes notice to both joint members;
(5) expulsion or withdrawal of either joint member terminates the joint membership;
(6) either joint member may be elected or appointed as an officer or director, subject to the qualifications for the office as stated in the bylaws; and
(7) the joint member continuing to receive electric service is considered as an individual member upon notification of the death, divorce, or legal separation of two joint members, or the legal conclusion of the relationship of those named in a joint membership.
(B) If a South Carolina electric cooperative in its bylaws provides for a joint membership on the effective date of this section, these bylaws must be conformed to the provisions of this section to the extent any provisions of these bylaws are inconsistent with or in conflict with the provisions of this section."
SECTION 2. This act takes effect upon approval by the Governor.
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January 16, 2018 at 4:49 PM