reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 13 - COAL COOPERATIVE MARKETING ASSOCIATIONS (§§ 59-13-101 — 59-13-144) › Section 59-13-103 - Chapter definitions

As used in this chapter, the following definitions shall have the meanings set out unless the context clearly indicates otherwise:
(1)
"Association" means any corporation organized under this chapter. Associations organized hereunder shall be deemed "nonprofit," inasmuch as they are not organized to make profit for themselves, as such, or for their members, as such, but only for their members as producers;
(2)
"Coal" means coal and all of its derivatives;
(3)
"Member" means actual members of associations without capital stock, and holders of common stock in associations organized with capital stock; and
(4)
"Person" means any individual, firm, partnership, corporation, and association.
Acts 1984, ch. 864, § 3.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 13 - COAL COOPERATIVE MARKETING ASSOCIATIONS (§§ 59-13-101 — 59-13-144) › Section 59-13-104 - Creation of associations

Seven (7) or more persons, a majority of whom are residents of this state, engaged in the production of coal, may form a nonprofit, cooperative association, with or without capital stock, under this chapter.
Acts 1984, ch. 864, § 4.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 13 - COAL COOPERATIVE MARKETING ASSOCIATIONS (§§ 59-13-101 — 59-13-144) › Section 59-13-105 - Purposes

An association may be organized to engage in any activity in connection with the marketing or selling of the coal of its members or with the sampling, storing, processing, permitting, reclamation, or transporting of the coal or its derivatives; or in connection with the manufacturing, selling, or supplying to its members of machinery, equipment, or supplies; or in the financing of the above enumerated activities; or in any one (1) or more of the activities specified in this chapter.
Acts 1984, ch. 864, § 5.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 13 - COAL COOPERATIVE MARKETING ASSOCIATIONS (§§ 59-13-101 — 59-13-144) › Section 59-13-106 - Communications regarding probable success

Every group of persons contemplating the organization of an association under this chapter is urged to communicate with the department of environment and conservation, office of energy programs, which will inform them, among other things, of the probable success of the association regardless of whatever the survey of the marketing conditions affecting the commodities proposed to be handled may indicate.
Amended by 2016 Tenn. Acts, ch. 743,s 16, eff. 4/7/2016.
Acts 1984, ch. 864, § 6.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 13 - COAL COOPERATIVE MARKETING ASSOCIATIONS (§§ 59-13-101 — 59-13-144) › Section 59-13-107 - Powers and duties

Each association incorporated under this chapter shall have the following powers, to:
(1)
Engage in activity in connection with the marketing or selling of the coal of its members or the sampling, storing, processing, permitting, reclamation, transporting of the coal or marketing of the derivatives thereof; or in any activity in connection with the purchase, hiring, or use by its members of supplies, machinery, or equipment; or in the financing of any such activities; or in any one (1) or more of the activities specified in this section; and such association may also buy, sell and deal in coal of nonmembers to any amount not greater in value than such as is handled by it for its members;
(2)
Borrow money and to make advance payments and advances to members;
(3)
Act as the agent or representative of any member or members in any of the above-mentioned activities;
(4)
Purchase or otherwise acquire, and to hold, own, and exercise all rights or ownership in, and to sell, transfer, or pledge, or guarantee the payment of dividends or interest on or the retirement or redemption of, shares of the capital stock or bonds of any corporation or association engaged in any related activity or in the storing or handling or marketing of any of the products handled by the association;
(5)
Establish reserves and to invest the funds thereof in bonds or in such other property as may be provided in the bylaws;
(6)
Buy, hold, and exercise all privileges or ownership over such real or personal property as may be necessary or convenient or incidental for the conduct and operation of any business of the association, or incidental thereto;
(7)
Establish, secure, own and develop patents, trademarks and copyrights; and
(8)
Do each and every thing necessary, suitable or proper for the accomplishment of any one (1) of the purposes or the attainment of any one (1) or more of the subjects enumerated; or conducive to or expedient for the interest or benefit of the association; and to contract accordingly; and in addition to exercise and possess all powers, rights and privileges necessary or incidental to the purposes for which the association is organized or to the activities in which it is engaged; and in addition, any other rights, powers, and privileges granted by the laws of this state to ordinary corporations, except such as are inconsistent with the express provisions of this chapter, and to do any such thing anywhere.
Acts 1984, ch. 864, § 7.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 13 - COAL COOPERATIVE MARKETING ASSOCIATIONS (§§ 59-13-101 — 59-13-144) › Section 59-13-108 - Membership - Stock

(a)
Under the terms and conditions prescribed in the bylaws adopted by it, an association may admit as members (or issue common stock to) only persons engaged in the production of coal or its derivatives to be handled by or through the association.
(b)
If a member of a nonstock association be other than a natural person, such members may be represented by any individual, associate, officer, or manager, or member of such association duly authorized in writing.
(c)
One (1) association organized hereunder may become a member or stockholder of any other association or associations organized hereunder.
Acts 1984, ch. 864, § 8.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 13 - COAL COOPERATIVE MARKETING ASSOCIATIONS (§§ 59-13-101 — 59-13-144) › Section 59-13-109 - Articles of incorporation - Directors - Stock

Each association formed under this chapter must prepare and file articles of incorporation, setting forth:
(1)
The name of the association;
(2)
The purpose for which it is formed;
(3)
The place where its principal business will be transacted;
(4)
The duration of the association, if other than perpetual. If the charter of any association organized under this chapter provides for a term of existence, not exceeding fifty (50) years, such charter is hereby deemed to be amended to provide that the duration of the association is perpetual, unless a majority of the members of such association shall vote to limit the duration of the association to some other period of time in accordance with title 48, chapter 11, part 3 or title 48, chapter 51, part 3, as applicable; provided, however, that in no event may the members so amend the charter of an association which has been in existence for more than fifty (50) years;
(5)
The number of directors of the association, which must be not less than three (3) and may be any number greater than the required minimum; the term of office of such directors; and the names and addresses of those who are to serve as incorporating directors for the first term, or until the election and qualification of their successors;
(6)
If organized without capital stock, whether the property rights and interest of each member shall be equal or unequal, and if unequal, the general rule or rules applicable to all members by which the property rights and interests, respectively, of each member may and shall be determined and fixed; and provision for the admission of new members who shall be entitled to share in the property of the association with the old members, in accordance with such general rule or rules. This provision or paragraph of the articles of incorporation shall not be altered, amended, or repealed, except by the written consent or vote of three fourths (¾) of the members; and
(7)
If organized with capital stock, the amount of such stock and the number of shares into which it is divided and the par value of such stock.
Acts 1984, ch. 864, § 9.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 13 - COAL COOPERATIVE MARKETING ASSOCIATIONS (§§ 59-13-101 — 59-13-144) › Section 59-13-110 - Stock - Common and preferred

The capital stock may be divided into preferred and common stock. If so divided, the articles of incorporation must contain a statement of the number of shares of stock to which preference is granted and the number of shares of stock to which no preference is granted; and the nature and definite extent of the preference and privileges granted to each.
Acts 1984, ch. 864, § 10.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 13 - COAL COOPERATIVE MARKETING ASSOCIATIONS (§§ 59-13-101 — 59-13-144) › Section 59-13-111 - Articles of incorporation - Subscription and acknowledgment - Copies - Evidence

The articles must be subscribed by the incorporators and acknowledged; and when filed, such articles of incorporation or certified copies of such articles shall be received in all the courts of this state and other places as prima facie evidence of the due incorporation of such association.
Acts 1984, ch. 864, § 11.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 13 - COAL COOPERATIVE MARKETING ASSOCIATIONS (§§ 59-13-101 — 59-13-144) › Section 59-13-112 - Amendment of articles

(a)
An amendment must first be approved by two thirds (2/3) of the directors and then adopted by a vote representing a majority of all the members of the association.
(b)
However, if at a meeting of the members of the association to which a proposed amendment has been submitted, a majority of the members are not present, then those present and also members voting by proxy may adjourn the meeting to a time and place certain, but not sooner than three (3) weeks from the time of adjournment. Prior to the convening of the adjourned meeting, notices shall be placed in a newspaper of general circulation in the place where the principal office of the association is located each week for three (3) weeks. Such notices shall state the time, place, and purpose of the adjourned meeting. When the meeting reconvenes, the members present in person or by proxy shall constitute the quorum, and may take action on the proposed amendment by a majority vote of those represented, even if fewer than a majority of the total membership of the association.
Acts 1984, ch. 864, § 12.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 13 - COAL COOPERATIVE MARKETING ASSOCIATIONS (§§ 59-13-101 — 59-13-144) › Section 59-13-113 - Bylaws

Each association incorporated under this chapter must, within thirty (30) days after its incorporation, adopt for its government and management, a code of bylaws, not inconsistent with the powers granted by this chapter. A majority vote of the members or stockholders, or their written assent, is necessary to adopt such bylaws. Each association, under its bylaws, may provide for any or all of the following matters:
(1)
The number of stockholders or members constituting a quorum;
(2)
The right of members or stockholders to vote by proxy or by mail or both; and the conditions, manner, form, and effects of such votes;
(3)
The number of directors constituting a quorum;
(4)
The qualifications, compensation and duties and term of office of directors and officers; time of their election and the mode and manner of giving notice thereof;
(5)
Penalties for violations of the bylaws;
(6)
The amount of entrance, organization, and membership fees, if any; the manner and method of collection of the same; and the purposes for which they may be used;
(7)
The amount which each member or stockholder shall be required to pay annually or from time to time, if at all, to carry on the business of the association; the charge, if any, to be paid by each member or stockholder for services rendered by the association to the member or stockholder and the time of payment and the manner of collection; and the marketing contract between the association and its members or stockholders which every member or stockholder may be required to sign; and
(8)
The number and qualification of members or stockholders of the association and the conditions precedent to membership or ownership of common stock; the method, time, and manner of permitting members to withdraw or the holders of common stock to transfer their stock; the manner of assignment and transfer of the interest of members and of the shares of common stock; the conditions upon which and the time when membership of any member shall cease; the automatic suspension of the rights of a member when the member ceases to be eligible to membership in the association; and the mode, manner, and effect of the expulsion of a member; the manner of determining the value of a member's interest and provision for its purchase by the association upon the death or withdrawal of a member or stockholder, or upon the expulsion of a member or forfeiture of membership, or, at the option of the association, the purchase at a price fixed by conclusive appraisal by the board of directors. In case of the withdrawal or expulsion of a member, the board of directors shall equitably and conclusively appraise the member's property interests in the association and shall fix the amount thereof in money, which shall be paid to the member within one (1) year after such expulsion or withdrawal.
Acts 1984, ch. 864, § 13.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 13 - COAL COOPERATIVE MARKETING ASSOCIATIONS (§§ 59-13-101 — 59-13-144) › Section 59-13-114 - Meetings

In its bylaws, each association shall provide for one (1) or more regular meetings annually. The board of directors shall have the right to call a special meeting at any time; and ten percent (10%) of the members or stockholders may file a petition stating the specific business to be brought before the association and demand a special meeting at any time, and if such a special meeting is appropriately demanded, then such a meeting must be called by the directors. Notice of all meetings, together with a statement of the purposes thereof, shall be mailed to each member at least ten (10) days prior to the meeting; provided, however, that the bylaws may require instead that such notice may be given by publication in a newspaper of general circulation, published at the principal place of business of the association.
Acts 1984, ch. 864, § 14.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 13 - COAL COOPERATIVE MARKETING ASSOCIATIONS (§§ 59-13-101 — 59-13-144) › Section 59-13-115 - Board of directors

The affairs of the association shall be managed by a board of not fewer than three (3) directors, elected by the members or stockholders not from their own number. The bylaws may provide that one (1) or more directors may be appointed by any public official or commission or by the other directors selected by the members or their delegates. The directors so appointed cannot be members or stockholders of the association.
Acts 1984, ch. 864, § 15.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 13 - COAL COOPERATIVE MARKETING ASSOCIATIONS (§§ 59-13-101 — 59-13-144) › Section 59-13-116 - Compensation of officers and directors

An association may provide a fair remuneration for the time actually spent by its officers and directors in its service and for the service of the members of its executive committee.
Acts 1984, ch. 864, § 16.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 13 - COAL COOPERATIVE MARKETING ASSOCIATIONS (§§ 59-13-101 — 59-13-144) › Section 59-13-117 - Contracts and positions of directors - Prohibitions

No director, during the term of the director's office, shall be a party to a contract for profit with the association differing in any way from the business relations accorded regular members or holders of common stock of the association or others, or differing from terms generally current in that district. The bylaws may provide that no director shall occupy any position in the association, except the president and secretary on regular salary or substantially full-time pay.
Acts 1984, ch. 864, § 17.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 13 - COAL COOPERATIVE MARKETING ASSOCIATIONS (§§ 59-13-101 — 59-13-144) › Section 59-13-118 - Executive committee

The bylaws may provide for an executive committee and may allot to such committee all the functions and powers of the board of directors, subject to the general direction and control of the board.
Acts 1984, ch. 864, § 18.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 13 - COAL COOPERATIVE MARKETING ASSOCIATIONS (§§ 59-13-101 — 59-13-144) › Section 59-13-119 - Vacancies on board

When a vacancy on the board of directors occurs, a majority vote of the executive committee shall fill the vacancy. A director elected to fill a vacancy shall be elected for the predecessor's unexpired term in office. Any directorship to be filled by reason of an increase in the number of directors may be filled for such reason by such board of directors for a term of office continuing only until the next regular election of directors.
Acts 1984, ch. 864, § 19.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 13 - COAL COOPERATIVE MARKETING ASSOCIATIONS (§§ 59-13-101 — 59-13-144) › Section 59-13-120 - Election of officers

The directors shall elect from their number a president and may elect one (1) or more vice presidents. They shall also elect a secretary and a treasurer; and they may combine the two (2) latter offices and designate the combined office as secretary-treasurer; or unite both functions and titles in one (1) person. The treasurer may be a bank or any depository, and as such, shall not be considered as an officer, but as a function of the board of directors. In such case, the secretary shall perform the usual accounting duties of the treasurer, excepting that the funds shall be deposited only as and where authorized by the board of directors.
Acts 1984, ch. 864, § 20.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 13 - COAL COOPERATIVE MARKETING ASSOCIATIONS (§§ 59-13-101 — 59-13-144) › Section 59-13-121 - Surety bonds

Every officer, employee, and agent handling funds or negotiable instruments or property of or for any association created hereunder shall be required to execute and deliver adequate bond for the faithful performance of duties and obligations.
Acts 1984, ch. 864, § 21.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 13 - COAL COOPERATIVE MARKETING ASSOCIATIONS (§§ 59-13-101 — 59-13-144) › Section 59-13-122 - Certificates of membership

When a member of an association established without capital stock has paid the membership fee in full, the member shall receive a certificate of membership.
Acts 1984, ch. 864, § 22.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 13 - COAL COOPERATIVE MARKETING ASSOCIATIONS (§§ 59-13-101 — 59-13-144) › Section 59-13-123 - Conditions of issuing stock

No association shall issue stock to a member until it has been fully paid for. The promissory notes of the members may be accepted by the association as full or partial payment. The association shall hold the stock as security for the payment of the note, but such retention as security shall not affect the member's right to vote.
Acts 1984, ch. 864, § 23.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 13 - COAL COOPERATIVE MARKETING ASSOCIATIONS (§§ 59-13-101 — 59-13-144) › Section 59-13-124 - Liability of members

No member shall be liable for the debts of the association to an amount exceeding the sum remaining unpaid on the membership fee or the subscription to the capital stock, including any unpaid balance on any promissory notes given in payment thereof.
Acts 1984, ch. 864, § 24.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 13 - COAL COOPERATIVE MARKETING ASSOCIATIONS (§§ 59-13-101 — 59-13-144) › Section 59-13-125 - Number of votes of members or stockholders

No member or stockholder shall be entitled to more than one (1) vote, regardless of the number of shares of common stock owned by the member or stockholder.
Acts 1984, ch. 864, § 25.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 13 - COAL COOPERATIVE MARKETING ASSOCIATIONS (§§ 59-13-101 — 59-13-144) › Section 59-13-126 - Preferred stock

Any association organized with stock under this chapter may issue preferred stock, with or without the right to vote. Such stock may be sold to any person, member or nonmember, and may be redeemable or retireable by the association on such terms and conditions as may be provided for by the articles of incorporation and printed on the face of the certificate.
Acts 1984, ch. 864, § 26.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 13 - COAL COOPERATIVE MARKETING ASSOCIATIONS (§§ 59-13-101 — 59-13-144) › Section 59-13-127 - Prohibited transfer of common stock

The bylaws shall prohibit the transfer of the common stock of the association to persons not engaged in the production of coal or coal products handled by the association; and such restrictions must be printed upon every certificate of stock subject thereof.
Acts 1984, ch. 864, § 27.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 13 - COAL COOPERATIVE MARKETING ASSOCIATIONS (§§ 59-13-101 — 59-13-144) › Section 59-13-128 - Purchase of common stock by association

The association may, at any time, as specified in the bylaws, except when the debts of the association exceed fifty percent (50%) of the association's assets, buy in or purchase its common stock at book value, as conclusively determined by the board of directors, and pay for it in cash within one (1) year thereafter.
Acts 1984, ch. 864, § 28.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 13 - COAL COOPERATIVE MARKETING ASSOCIATIONS (§§ 59-13-101 — 59-13-144) › Section 59-13-129 - Removal of officers or directors

Any member may bring charges against an officer or director by filing them in writing with the secretary of the association, together with a petition signed by a majority of the members, requesting the removal of the officer or director in question. The removal shall be voted upon at the next regular or special meeting of the association and, by a vote of two thirds (2/3) of the members, the association may remove the officer or director. The director or officer, against whom such charges have been brought, shall be informed in writing of the charges previous to the meeting and shall have an opportunity at the meeting to be heard in person or by counsel and to present witnesses; and the person or persons bringing the charges against the director or officer shall have the same opportunity.
Acts 1984, ch. 864, § 29.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 13 - COAL COOPERATIVE MARKETING ASSOCIATIONS (§§ 59-13-101 — 59-13-144) › Section 59-13-130 - Referral of policy to membership

Upon demand of two thirds (2/3) of the entire board of directors, made immediately and so recorded at the same meeting at which the original motion was passed, any matter of policy that has been approved or passed by the board must be referred to the entire membership or the stockholders for decision at the next special or regular meeting; and a special meeting may be called for the purpose.
Acts 1984, ch. 864, § 30.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 13 - COAL COOPERATIVE MARKETING ASSOCIATIONS (§§ 59-13-101 — 59-13-144) › Section 59-13-131 - Marketing contracts - Sales to or through associations

The association through its board of directors may bid for and execute marketing contracts subject to a majority vote of its members requiring the members to sell, for any period of time, not over ten (10) years, all or any specified part of their coal exclusively to or through the association, or any facilities to be created by the association. If they contract a sale to the association, it shall be conclusively held that title to the products passes absolutely and unreservedly, except for recorded and statutory liens, to the association upon delivery. The contract may provide, among other things, that the association may sell or resell the products delivered by its members, with or without taking title to such product; and pay over to its members the resale price, after deducting all necessary selling, overhead, and other costs and expenses, including interest or dividends on stock, not exceeding eight percent (8%) per annum, and reserves for retiring the stock, if any; and other proper reserves; and/or any other deductions.
Acts 1984, ch. 864, § 31.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 13 - COAL COOPERATIVE MARKETING ASSOCIATIONS (§§ 59-13-101 — 59-13-144) › Section 59-13-132 - Breach of contract - Payment of damages and costs - Injunctions

(a)
The bylaws or the marketing contract may fix, as liquidated damages, specific sums to be paid by the members or stockholders to the association upon the breach by such members or stockholders of any provision of the marketing contract regarding the sale or delivery or withholding of products; and may further provide that such members or stockholders will pay all costs, premiums for bonds, expenses, and fees, in case any action is brought upon the contract by the association; and any such provisions shall be valid and enforceable in the courts of this state; and such clauses providing for liquidated damages shall be enforceable as such and shall not be regarded as penalties.
(b)
In the event of any such breach or threatened breach of such marketing contract by a member or stockholder, the association shall be entitled to an injunction to prevent the further breach of the contract and to a decree of specific performance. Pending the adjudication of such an action and upon filing a verified complaint showing the breach or threatened breach, and upon filing a sufficient bond, the association shall be entitled to a temporary restraining order and preliminary injunction against the member or stockholder.
Acts 1984, ch. 864, § 32.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 13 - COAL COOPERATIVE MARKETING ASSOCIATIONS (§§ 59-13-101 — 59-13-144) › Section 59-13-133 - Use of preferred stock to discharge obligations

Whenever an association, organized pursuant to this chapter with preferred capital stock, shall purchase the stock or any property, or any interest in any property of any person, it may discharge the obligations so incurred, wholly or in part, by exchanging for the acquired interest, shares of its preferred capital stock to an amount which at par value would equal the fair market value of the stock or interest so purchased, as determined by the board of directors. In that case the transfer to the association of the stock or interest purchased shall be equivalent to payment in cash for the shares of stock issued.
Acts 1984, ch. 864, § 33.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 13 - COAL COOPERATIVE MARKETING ASSOCIATIONS (§§ 59-13-101 — 59-13-144) › Section 59-13-134 - Reports

Each association formed under this chapter shall prepare an annual report on forms to be furnished by the secretary of state, containing the name of the association, its principal place of business, a general statement of its business operations during the fiscal year, showing the amount of capital stock paid up and the number of stockholders if a stock association or the number of members and the amount of membership fees received, if a nonstock association, the total expenses of operations, the amount of its indebtedness or liabilities, and its balance sheets.
Acts 1984, ch. 864, § 34.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 13 - COAL COOPERATIVE MARKETING ASSOCIATIONS (§§ 59-13-101 — 59-13-144) › Section 59-13-135 - Interests in other corporations

An association may organize, form, operate, own, control, have an interest in, own stock of, or be a member of any other corporation or corporations with or without capital stock, and engaged in sampling, storing, processing, permitting, reclamation, transporting, marketing, or selling of the coal or the derivatives thereof handled by the association.
Acts 1984, ch. 864, § 37.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 13 - COAL COOPERATIVE MARKETING ASSOCIATIONS (§§ 59-13-101 — 59-13-144) › Section 59-13-136 - Interests in warehousing corporations

If such corporations are warehousing corporations, they may issue legal warehouse receipts to the association against the commodities delivered by it, or to any other person and such legal warehouse receipts shall be considered as adequate collateral to the extent of the usual and current value of the commodity represented. In case such warehouse is licensed or licensed and bonded under the laws of this or any other state or the United States, its warehouse receipt delivered to the association on commodities of the association or its members, or delivered by the association or its members, shall not be challenged or discriminated against because of ownership or control, wholly or in part, by the association.
Acts 1984, ch. 864, § 38.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 13 - COAL COOPERATIVE MARKETING ASSOCIATIONS (§§ 59-13-101 — 59-13-144) › Section 59-13-137 - Permissible contracts and agreements

Any association may, upon resolution adopted by its board of directors, enter into all necessary and proper contracts and agreements, and make all necessary and proper stipulations, agreements, and contracts and arrangements with any other cooperative corporation, association, or associations, formed in this or in any other state, for the cooperative and more economical carrying on of its business or any part or parts thereof. Any two (2) or more associations may, by agreement between them, unite in employing and using or may separately employ and use the same personnel, methods, means and agencies for carrying on and conducting their respective businesses.
Acts 1984, ch. 864, § 39.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 13 - COAL COOPERATIVE MARKETING ASSOCIATIONS (§§ 59-13-101 — 59-13-144) › Section 59-13-138 - Out-of-state corporations

Any corporation or association organized under generally similar laws of another state shall be allowed to carry on any proper activities, operations or functions in this state upon compliance with the general regulations applicable to foreign corporations desiring to do business in this state, and the payment into the office of the secretary of state the same fees that are required to be paid under title 48, chapter 11 and by paying all other taxes which other foreign corporations are required to pay in Tennessee, and all contracts, which could be made by any association incorporated pursuant to this chapter made by or with such association, shall be legal and valid and enforceable in this state with all of the remedies set forth in this chapter.
Acts 1984, ch. 864, § 40.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 13 - COAL COOPERATIVE MARKETING ASSOCIATIONS (§§ 59-13-101 — 59-13-144) › Section 59-13-139 - Restraint of trade - Monopolies

No association organized pursuant to this chapter and complying with the terms of such chapter shall be deemed to be a conspiracy or a combination in restraint of trade or an illegal monopoly; or an attempt to lessen competition or to fix prices arbitrarily, nor shall the marketing contracts and agreements between the association and its members or any agreements authorized in this chapter be considered illegal as such or in unlawful restraint of trade or as part of a conspiracy or combination to accomplish an improper or illegal purpose.
Acts 1984, ch. 864, § 41.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 13 - COAL COOPERATIVE MARKETING ASSOCIATIONS (§§ 59-13-101 — 59-13-144) › Section 59-13-140 - Fees - Liability for privilege tax

(a)
Each association, organized pursuant to this chapter, shall pay an annual fee of ten dollars ($10.00) only, in lieu of all franchise or license or corporation or other privilege taxes or taxes or charges upon reserves held by it for members; provided, however, that if any association organized pursuant to this chapter sells to persons other than its own members any product or merchandise other than coal or its derivative products, such association shall be liable for any privilege tax with respect to such transactions or method of doing business imposed under the laws of Tennessee, other than franchise and excise taxes and corporation filing fees or charges upon reserves held by it for members.
(b)
For filing articles of incorporation, an association organized pursuant to this chapter shall pay ten dollars ($10.00); and for filing an amendment to the articles, two dollars and fifty cents ($2.50).
Acts 1984, ch. 864, §§ 43, 44.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 13 - COAL COOPERATIVE MARKETING ASSOCIATIONS (§§ 59-13-101 — 59-13-144) › Section 59-13-141 - Combinations - Amendment of preexisting charters

Corporations not for profit, of this class, heretofore organized under the general incorporation laws, or laws later enacted, are empowered to combine into associations upon such terms as may be provided and agreed upon, or by one becoming a member of the other. Further, preexisting charters of such corporations are hereby amended, under the power reserved to the general assembly, so as to bring such corporations into conformity with this chapter, thus granting such corporations the powers and imposing upon them the duties and liabilities set forth in this chapter.
Acts 1984, ch. 864, § 45.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 13 - COAL COOPERATIVE MARKETING ASSOCIATIONS (§§ 59-13-101 — 59-13-144) › Section 59-13-142 - Exemption for subsidiaries

All corporations organized as subsidiaries and controlled by any coal cooperative association formed in accordance with the laws of this state shall not be considered corporations organized for profit and doing business in Tennessee, or subject to any privilege tax levied by any law as a tax for the privilege of doing business for profit in Tennessee, it being the legislative intent to exempt by this section all such subsidiary corporations controlled by coal cooperative associations, where any and all profits earned by such subsidiary corporations are paid over to or expended for the benefit of such coal cooperative associations, with the result that the activities carried on by such corporations eventually promote and benefit the coal interest of this state.
Acts 1984, ch. 864, § 46.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 13 - COAL COOPERATIVE MARKETING ASSOCIATIONS (§§ 59-13-101 — 59-13-144) › Section 59-13-143 - Applicability of existing exemptions

Any exemptions whatsoever under all existing laws applying to coal or its derivatives in the possession or under the control of the individual producer shall apply similarly and completely to such products delivered by its former members, in the possession or under the control of the association.
Acts 1984, ch. 864, § 36.
2023 Tennessee Code › Title 59 - MINES AND MINING (§§ 59-1-101 — 59-13-144) › Chapter 13 - COAL COOPERATIVE MARKETING ASSOCIATIONS (§§ 59-13-101 — 59-13-144) › Section 59-13-144 - Applicability of corporation laws - Conflicting laws

(a)
The general corporation laws and all powers and rights under such laws shall apply to the associations organized pursuant to such laws, except where such provisions are in conflict or inconsistent with the express provisions of this chapter.
(b)
Any law which is in conflict with this chapter shall be construed as not applying to the associations herein provided for.
Acts 1984, ch. 864, §§ 35, 42.
2023 Tennessee Code › Title 60 - OIL AND GAS (§§ 60-1-101 — 60-4-102) › Chapter 1 - PRODUCTION OF OIL AND GAS (§§ 60-1-101 — 60-1-705) › Part 1 - GENERAL PROVISIONS (§§ 60-1-101 — 60-1-106) › Section 60-1-101 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Board" means the Tennessee board of water quality, oil and gas created by §
69-3-104
;
(2)
"Casinghead gas" means any gas or vapor, or both, indigenous to an oil stratum and produced from such stratum with oil. It shall be treated as gas, if sold, for the purpose of paying privilege tax;
(3)
"Condensate" means liquid hydrocarbons that were in the gaseous phase in the reservoir in initial reservoir conditions. It shall be treated as oil for the purpose of paying privilege tax;
(4)
"Field" means the general area which is underlain or appears to be underlain by at least one pool and including the pool or pools beneath the area;
(5)
"Gas" means all natural gas and all other fluid hydrocarbons not defined as oil, including condensate because it originally was in a gaseous phase in the reservoir;
(6)
"Oil" means crude petroleum that was originally in an oil phase in the reservoir;
(7)
"Operator" means any person who owns or is directly responsible for a business involved in some phase of the production, manufacture, refining or distribution of petroleum oil or natural gas;
(8)
"Owner" means the person who has the right to drill into and to produce from any pool, and to appropriate the production for such person or others;
(9)
"Person" means any natural person, corporation, association, partnership, receiver, trustee, guardian, executor, administrator, fiduciary or representative of any kind;
(10)
"Pool" means an underground reservoir containing a common accumulation of crude petroleum oil or natural gas or both. Each zone of the general structure which is completely separated from any other zone in the structure is covered by the term "pool" as used in this chapter;
(11)
"Producer" means the owner of a well or wells capable of producing oil or gas, or both, in paying quantities;
(12)
"Supervisor" means the commissioner of environment and conservation or the commissioner's designee; and
(13)
"Waste," in addition to its ordinary meaning, means "physical waste" as that term is generally understood in the oil and gas industry. It includes:
(A)
Underground waste and inefficient, excessive, or improper use or dissipation of reservoir energy, including gas energy and water drive, of any pool; and the locating, spacing, drilling, equipping, operating, or producing of any oil well or gas ultimately recoverable from any pool; and
(B)
Surface waste and the inefficient storing of oil and the locating, spacing, drilling, equipping, operating or producing of oil wells or gas wells in a manner causing or tending to cause unnecessary or excessive surface loss or destruction of oil or gas.
Amended by 2021 Tenn. Acts, ch. 548, s 1, eff. 5/26/2021.
Acts 1943, ch. 64, § 3; C. Supp. 1950, § 5240.3; Acts 1971, ch. 280, § 1; 1978, ch. 791, § 5; T.C.A. (orig. ed.), § 60-101; Acts 1992, ch. 693, §21; 2012 , ch. 986, § 29.
2023 Tennessee Code › Title 60 - OIL AND GAS (§§ 60-1-101 — 60-4-102) › Chapter 1 - PRODUCTION OF OIL AND GAS (§§ 60-1-101 — 60-1-705) › Part 1 - GENERAL PROVISIONS (§§ 60-1-101 — 60-1-106) › Section 60-1-102 - Waste prohibited

The production or handling of crude petroleum oil or natural gas in such manner or under such conditions as to constitute or result in waste as defined in §
60-1-101
is each prohibited.
Acts 1943, ch. 64, § 4; C. Supp. 1950, § 5240.4; T.C.A. (orig. ed.), § 60-102.
2023 Tennessee Code › Title 60 - OIL AND GAS (§§ 60-1-101 — 60-4-102) › Chapter 1 - PRODUCTION OF OIL AND GAS (§§ 60-1-101 — 60-1-705) › Part 1 - GENERAL PROVISIONS (§§ 60-1-101 — 60-1-106) › Section 60-1-103 - Permits - Applications - Operators' plans

(a)
(1)
No person shall drill any well for oil or gas, or conduct any surface disturbances incidental to or in preparation for such drilling, until a permit application has been submitted to the supervisor. The supervisor shall not issue a permit until the conditions established by this subsection (a) have been met.
(2)
An application for a permit to drill shall be filed with the supervisor. The supervisor shall prescribe the form of the application.
(3)
The application shall include the exact location of the well, the name and address of the person or persons responsible for the drilling operations, the proposed depth of the well, the location of all existing or proposed roads providing access to the well site, and the location of all blue-line streams within one-half (½) mile of the well site or access roads.
(4)
The application shall also include a plan for erosion control prevention of pollution of surface waters, and reclamation of all areas disturbed by the operations, including access roads. The plan shall conform to the requirements of part 7 of this chapter. The plan must be sufficiently detailed to allow an inspector to locate the site of the facilities to be constructed and to estimate the expected environmental impact, but does not have to include detailed engineering design drawings.
(5)
No drilling shall begin until the permit has been approved.
(6)
A processing fee for permits shall be submitted with the application in an amount specified in rules promulgated by the board, which shall not exceed the amount stated in §
68-203-103(h)
for an oil and gas permit.
(b)
All funds received by the commissioner under this chapter, except those under parts 3 and 4 of this chapter, together with any interest earned on the funds, shall be deposited into a separate account in the environmental protection fund created by §
68-203-101
.
(c)
The supervisor may require or approve modifications in the operator's plan if such modifications are necessary to prevent pollution or to promote reclamation.
(d)
Upon approval, the operator's plan shall be a condition of the operator's permit. Failure to comply with the plan shall be grounds for revocation of the permit and forfeiture of the bond.
Acts 1943, ch. 64, § 5; C. Supp. 1950, § 5240.5; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; Acts 1978, ch. 791, §4; T.C.A. (orig. ed.), § 60-111; Acts 1981, ch. 146, § 1; 1987, ch. 257, §1; 2007 , ch. 362, §§ 1- 3; 2012 , ch. 986, § 31.
2023 Tennessee Code › Title 60 - OIL AND GAS (§§ 60-1-101 — 60-4-102) › Chapter 1 - PRODUCTION OF OIL AND GAS (§§ 60-1-101 — 60-1-705) › Part 1 - GENERAL PROVISIONS (§§ 60-1-101 — 60-1-106) › Section 60-1-104 - Records and reports of production and sales - False reports

(a)
It is the duty of every person producing, selling, gathering, transporting, or storing crude petroleum or natural gas from any well or wells in this state to keep and preserve suitable records of the amount of all such crude petroleum or natural gas produced, sold, gathered, transported, or stored, and the price received and paid therefor.
(b)
Such person shall report such records to the oil and gas supervisor at such intervals as the board may direct and on forms provided by the supervisor.
(c)
Anyone who shall intentionally make or cause to be made any false entry or statement of fact in any report required to be made by this chapter, or by any rule, regulation or order made hereunder, or who for such purpose shall make or cause to be made any false entry in any account, record or memorandum kept by any person in connection with this chapter, or any rule, regulation or order made thereunder, or who for such purpose shall omit to make, or cause to be omitted, full, true and correct entries on such accounts, records or memoranda of all facts and transactions pertaining to the interest or activities in the oil and gas industry of such persons as may be required by the board under authority given in this chapter, or by any rule, regulation or order made hereunder, or who for such purpose shall remove out of the jurisdiction of the state, or mutilate, alter or by any other means falsify any book, record or other paper pertaining to the transactions regulated by this chapter, or by any rule, regulation or order made hereunder, is guilty of a Class C misdemeanor.
Acts 1943, ch. 64, § 11; C. Supp. 1950, § 5240.11; T.C.A. (orig. ed.), § 60-112; Acts 1989, ch. 159, § 1; 1989, ch. 591, § 113.
2023 Tennessee Code › Title 60 - OIL AND GAS (§§ 60-1-101 — 60-4-102) › Chapter 1 - PRODUCTION OF OIL AND GAS (§§ 60-1-101 — 60-1-705) › Part 1 - GENERAL PROVISIONS (§§ 60-1-101 — 60-1-106) › Section 60-1-105 - Requested status under federal law - Applications and fees

Any person who files with the board an application requesting a determination by the board of whether natural gas produced from a well qualifies for a requested status under § 102, 103, 107 or 108 of the Natural Gas Policy Act of 1978, Public Law No. 95-621, 92 Stat. 3350 (including any act of congress which amends or supersedes those sections of that act) which determination the board is authorized to make under § 503 of that act, shall pay a fee of twenty-five dollars ($25.00) to the state treasurer through the supervisor at the time such application is filed. A separate fee shall be paid for each such application. All funds paid to the state treasurer pursuant to this section shall be disbursed by the state treasurer upon warrants drawn by the commissioner of finance and administration to defray expenses incurred in acting upon such Natural Gas Policy Act determinations.
Acts 1984, ch. 677, § 1.
2023 Tennessee Code › Title 60 - OIL AND GAS (§§ 60-1-101 — 60-4-102) › Chapter 1 - PRODUCTION OF OIL AND GAS (§§ 60-1-101 — 60-1-705) › Part 1 - GENERAL PROVISIONS (§§ 60-1-101 — 60-1-106) › Section 60-1-106 - Spacing of oil wells

(a)
(1)
Wells drilled in search of oil or gas to a depth of less than two thousand five hundred feet (2,500') shall not be located closer than four hundred feet (400') from any other well completed in, drilling to, or for which a permit shall have been granted to drill to the same pool. The distance of such oil and gas wells from any property line shall not be closer than two hundred feet (200').
(2)
This subsection (a) applies only in counties having a population of not less than seventeen thousand five hundred fifty (17,550) and not more than seventeen thousand six hundred fifty (17,650), according to the 1980 federal census or any subsequent federal census.
(b)
(1)
Wells drilled in search of oil and gas shall not be located closer than four hundred feet (400') from any other well completed in, drilling to, or for which a permit shall have been granted to drill to the same pool; and not closer than two hundred feet (200') from any property line.
(2)
This subsection (b) applies only in counties having a population of not less than four thousand three hundred (4,300) and not more than four thousand four hundred (4,400) or in counties having a population of not less than seven thousand six hundred fifty (7,650) nor more than seven thousand seven hundred (7,700), according to the 1980 federal census or any subsequent federal census.
Acts 1984, ch. 967, §§ 1-3; 1986, ch. 802, § 1; 1987, ch. 215, § 1; 1987, ch. 455, § 1; 1988, ch. 749, § 1; 1990, ch. 1018, § 1; 1990, ch. 1019, § 1; 1992, ch. 634, § 1.