South Carolina Legislature MobileReference is to the bill as introduced.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 1, Title 55 of the 1976 Code is amended to read:
Section 55-1-1. There
is created a Division of Aeronautics within the
Department of Commerce which shall South
Carolina Budget and Control Board that shall be governed by
the Secretary of Commerce Aeronautics
Commission as provided in Chapter 1
of, Title 13 57.
Section 55-1-5. For the
purposes of Chapters 1 through 9 of,
Title 55, the following words and terms are defined as follows:
(1) "Division", unless otherwise indicated,
means the Division of Aeronautics of the Department of Commerce.
(2) "Secretary", unless otherwise indicated, means the
executive and administrative head of the Department of Commerce
or his designee.
(3) Notwithstanding any other provision of law, "
director" means the person or persons appointed by the
Governor in accordance with Section 13-1-1080 and serving at the
pleasure of the Aeronautics Commission to supervise and carry
out the functions and duties of the Division of Aeronautics as
provided for by law.
(1)
'Aeronautics' means the act or practice of the art and
science of transportation by aircraft, of operation,
construction, repair or maintenance of aircraft, airports,
landing fields, landing strips or air navigation facilities or
of air instruction.
(2)
'Aircraft' means a device that is used or
intended to be used for flight in the air.
(3)
'Airman' means a person who holds a pilot, flight
instructor, flight engineer, or flight navigator certificate
issued by the Federal Aviation Administration, including persons
not holding these certificates but who are acting as a flight
crew member or otherwise manipulating the controls of an
aircraft while in flight or for the intended purpose of
flight.
(4)
'Airport' means any area, private or public, either of
land or water, which is used or which is made available for the
landing and take-off of aircraft, whether or not it provides
facilities for the shelter, supply and repair of aircraft or for
receiving or discharging passengers or cargo, and all
appurtenant rights of ways; whether currently existing or
hereafter established. The definition of an airport includes
landing fields, heliports, seaplane ports, spaceports, and
landing strips.
(5)
'Airport Land Use Zones' are areas where land uses
incompatible with aircraft operations, including, but not
limited to, lands affected by airport noise, Aviation Safety
Zones, high density development near airports, or activities
where normal takeoff, departure, approach, or landing profiles
or criteria, are or would be adversely affected.
(6)
'Airport Safety Zones' are those lands and waters on or
near a public use airport which include airport property and
surrounding adjacent and contiguous properties where aircraft
operations, including taxi, takeoff, landing, approach, arrival,
and departure would be adversely affected as a result of:
(a)
condition exists that interferes with, or has a
reasonable potential to interfere with aircraft operations;
(b)
a condition that poses an increased risk to
aviation safety;
(c)
the persistence of a condition such as an
obstruction that would cause aircraft takeoff, landing, or
approach criteria to be adversely impacted;
(d)
the existence of a condition that would
constitute a nuisance to aircraft operation; or
(e)
planned or actual concentration of residential
or commercial structures in close proximity to the flight path
of arriving or departing aircraft.
(7)
Notwithstanding another provision of law, 'Aviation
Fuel' means gasoline and aviation jet fuel manufactured
exclusively for use in airplanes and sold for these purposes.
(8)
'Civil Aircraft' means an aircraft other than a
government aircraft having a civil airworthiness certificate
issued by the Federal Aviation Administration.
(9)
'Commission' means the Aeronautics Commission which
shall assist and oversee the operation of the division.
(10)
'Division,' unless otherwise indicated, means the
Division of Aeronautics of the South Carolina Budget and Control
Board.
(11)
Notwithstanding another provision of law, 'Executive
Director' means the person or persons appointed by the Governor
in accordance with Section 13-1-1080 and serving at the pleasure
of the Aeronautics Commission to supervise and carry out the
functions and duties of the Division of Aeronautics as provided
for by law.
(12)
'Government aircraft' means aircraft used only in the
service of a government, or a political subdivision. It does
not include any government-owned aircraft engaged in carrying
persons or property for commercial purposes.
(13)
'Governmental entity' means a county, municipality, or
political subdivision of this State.
(14)
'Operator' means a person who is exercising actual
physical control of an aircraft.
(15)
'Owner' means the following persons who may be legally
responsible for the operation of an aircraft:
(a)
a person who holds the legal title to an
aircraft;
(b)
a lessee of an aircraft;
(c)
a conditional vendee, a trustee under a trust
receipt, a mortgagor, or other person holding an aircraft
subject to a security interest.
(16)
'Passenger' means a person in, on, or boarding an
aircraft for the purpose of riding on it, or alighting there
from following a flight or attempted flight on it.
(17)
'Person' means any individual, association,
copartnership, firm, company, corporation or other association
of individuals.
(18)
'Public airport' means an airport for public use,
publicly owned and under control of a governmental or
quasi-governmental agency.
(19)
'Public use airports' means an airport open to the
public without prior permission, regardless of ownership.
(20)
'Restricted use airport' means an airport where the
owner prohibits or restricts public use.
(21)
'Seaplane' means an aircraft which is capable of
landing and taking off on the water.
(22)
'State' means any state, the District of Columbia, any
territory or possession of the United States and the
Commonwealth of Puerto Rico.
Section 55-1-7. All fees and fines assessed by the division under this title must be deposited into the State Aviation Fund.
Section 55-1-10. No
person transported by the owner or operator of an aircraft as
his guest without payment for such this
transportation shall have a cause of action for damages against
such the aircraft, its owner or operator
for injury, death, or loss in case of accident unless
such the accident shall have
been was intentional on the part of
such the owner or operator or caused by
his heedlessness or his reckless disregard of the rights of
others.
Section 55-1-20.
Section 55-1-10 shall not relieve a public carrier of
responsibility for any injuries sustained by a
passenger being transported by such the
public carrier.
Section 55-1-30. It is
unlawful to remove or damage an airport facility or equipment
with malicious intent. A person violating the provisions of
this section is guilty of a felony and, upon conviction, must
be:
(1) fined not less than
one ten thousand dollars or imprisoned
not more than five years, or both;
(2) fined not less than
one ten thousand dollars or imprisoned
not more than ten years, or both, if injury results from
malicious damage or removal of airport facilities or equipment;
(3) imprisoned not more
than thirty years if death results from the malicious damage or
removal of airport facilities or equipment.
This section shall not apply to damage
that is neither malicious nor intentional to crushable
materials, collapsible structures, or aircraft arresting systems
that are designed to deform when used.
Section 55-1-40.
(1) It is unlawful for
any a person to enter
any an aircraft or damage or remove
therefrom from it any equipment or other
property attached thereto to it, affined
to or otherwise on or in an aircraft without the
permission of the owner or a person authorized by the owner to
grant such permission.
(2) The provisions of
this section do not apply to any airport personnel or other
persons while acting in an official capacity except when such
capacity is used to accomplish an unlawful purpose.
(3)
Any A person violating the
provisions of this section is guilty of a misdemeanor and, upon
conviction, must be fined not less than one
five thousand dollars nor more than ten thousand dollars
or imprisoned not less than one year nor more than ten years.
(4) The provisions of
this section are cumulative.
Section 55-1-50. It
shall be is unlawful for
any a person to land or cause to be
landed any aircraft on or take off from a public highway in this
State except in situations authorized by the deputy
director of the division an authorized employee of
the division, local law enforcement, or in an emergency
situation in which the safety of the aircraft is involved. In
any a prosecution for violation
hereof of this section, the burden of
proving that such the emergency or
cautionary situation existed shall be upon the person
landing the aircraft on the highway or causing it to take off
therefrom from it.
Any A person who
violates the provisions of this section is guilty of a
misdemeanor and, upon conviction, must be fined not more than
five hundred two thousand dollars or
imprisoned for not more than sixty days.
Section 55-1-60.
Any person desiring to operate an intrastate
scheduled airline service wherein a schedule of flights is to be
posted or otherwise publicized or maintained shall apply to the
division for a certificate to allow him to operate such service.
Before any certificate shall be issued by the division the
schedule of flights to be made by such service must be approved
by the division and the equipment to be used by such airline
service must also be approved. After the division issues a
certificate to a person desiring to operate such airline
service, the scheduled flights approved by the division must be
commenced within ninety days of such certification.
Reserved
Section 55-1-70. The division shall
promulgate such rules and regulations as are necessary to govern
the operation of any and all intrastate scheduled airline
operations. Reserved
Section 55-1-80.
(A) Any county aviation commission or like
authority may be increased by two members, one of whom must be
appointed by the House of Representatives' delegation of the
county and one of whom must be appointed by the Senatorial
delegation of the county. The additional members shall serve
terms of the same length as other members of the commission or
like authority. Reserved
(B) Any county governing body who has the authority to appoint
members to the aviation commission or like authority may add two
members for terms as provided in this section.
(C) In counties that have two municipalities with a population
in excess of fifty thousand persons according to the latest
official United States Census, and the county has an aviation
commission or like authority, then the mayors of such
municipalities having a population in excess of the fifty
thousand persons shall serve, ex officio, as members of the
commission or authority.
Section 55-1-90.
If a state-owned aircraft is needed on a
medical-emergency basis by an individual other than a member of
the General Assembly, the aircraft may be used upon the filing
with the division or other agency of state government owning and
operating the aircraft of an affidavit by a medical doctor that
an emergency or a life-saving situation exists with respect to
the individual which would probably make waiting or the use of a
commercial or nonstate-owned aircraft or other transportation
not in the best interest of the individual's physical condition
and upon the completion of all other records, forms, or
paperwork as may be required. If the individual needing and
using the state-owned aircraft on a medical-emergency basis has
insurance which covers this transportation, an insurance claim
must be filed by the insured individual or by any other person
permitted or required to file the claim, and any reimbursement
under any policy of insurance pertaining to this transportation
must be paid to the State Treasurer, who must deposit the funds
in the general fund of the State. State-owned
aircraft may be used by State agencies, and other governmental
bodies or political subdivisions within the state for matters
pertinent to, and in the normal course of business for the
governmental entities. Use of state aircraft by other
governmental bodies or political subdivisions that are not a
part of South Carolina State government must be accompanied by a
written statement by a legislative sponsor or a sponsor from an
agency of the State attesting to the need for one or more flight
operations. The written statement must be in a manner
acceptable to the division.
Nothing in this section shall
prohibit the division from entering into agreements with a
public hospital or medical center owned, operated, or supported
in whole or in part by state funds for the purpose of
transporting personnel or patients, whether on an emergency
basis or otherwise, as long as payment is made, including any
insurance proceeds, to the State Treasurer. All funds paid for
use of state aircraft under this section must be deposited into
the General Fund and credited to the division. The division may
adopt rules and promulgate regulations governing this
section.
Section 55-1-100.
(A) It is unlawful for
any a person to operate or act as a
flightcrew flight crew member of
any an aircraft in this State:
(1)
within eight hours after the consumption of any alcoholic
beverage;
(2)
while under the influence of alcohol; or
(3)
while using any an illegal drug
or controlled substance that affects his
the person's faculties in any way a
manner contrary to safety; or
(4)
with four one-hundredths of one percent or more by weight
of alcohol in his blood at the time of the alleged violation.
(B)
Any A person who operates or acts
as a flightcrew flight crew member of
any an aircraft in this State is
considered to have given may provide consent, when
required by Federal Aviation Administration regulations,
consent to a chemical test of his breath for the purpose of
determining the alcoholic content of his blood if arrested for
violating the provisions of subsection (A). The test must be
administered at the direction of a law enforcement officer who
has apprehended a person while or after operating or acting as a
flightcrew flight crew member of any
aircraft in this State while under the influence of
intoxicating liquor alcohol. The test
must be administered by a person trained and certified by and
using methods approved by the South Carolina Law Enforcement
Division, using methods approved by the division. The arresting
officer may not administer the test, and no test may be
administered unless the defendant has been informed that he does
not have to take the test. Any A person
who refuses to submit to the test violates the provisions of
this subsection and, upon conviction, must be punished
by a fine of two hundred dollars or imprisonment for not less
than forty-eight hours nor more than thirty days, or
both is subject to a civil fine of two thousand
dollars. The penalties provided for in this subsection are
in addition to those provided for in subsection
(F)(E).
No person is required to submit to more
than one test for any one offense for which he has been charged,
and the test must be administered as soon as practicable without
undue delay.
The person tested may have a physician, qualified technician,
chemist, registered nurse, or other qualified person of his own
choosing conduct a test or tests in addition to the test
administered by the law enforcement officer. The failure or
inability of the person tested to obtain an additional test does
not preclude the admission of evidence relating to the test
taken at the direction of the law enforcement agency or officer.
The arresting officer and the person
conducting the test shall inform the person tested of his right
to obtain an additional test, and the arresting officer or
the person conducting the chemical test of the person
apprehended promptly shall assist that person to contact a
qualified person to conduct additional tests.
The division shall administer the
provisions of this subsection and may make regulations as may be
necessary to carry out its provisions. The Department of Health
and Environmental Control and SLED shall cooperate with
the division in carrying out its duties.
(C) In
any a criminal prosecution for the
violation of this section, the amount of alcohol in the
defendant's blood at the time of the alleged violation, as shown
by chemical analysis of the defendant's breath, is admissible as
evidence.
The provisions of this subsection do not
limit the introduction of any other competent evidence bearing
upon the question whether or not the defendant was under the
influence of intoxicating liquor
alcohol. Nothing contained in this section prohibits
the introduction of:
(1)
the results of additional tests of the person's
breath or other bodily fluids;
(2)
evidence that may corroborate or question the
validity of the breath or bodily fluid test result including,
but not limited to, evidence of:
(a)
field sobriety tests;
(b)
the amount of alcohol consumed by the person;
and
(c)
the person's action while operating an
aircraft;
(3)
a videotape of the person's conduct at the
incident site and breath testing site taken pursuant to Section
56-5-2953 which is subject to redaction under the South Carolina
Rules of Evidence; or
(4)
any other evidence of the state of a person's
faculties to operate an aircraft which would call into question
the results of a breath or bodily fluid test.
At trial, a person charged with a
violation of this section is entitled to a jury instruction
stating that the factors enumerated above and the totality of
the evidence produced at trial may be used by the jury to
determine guilt or innocence. A person charged with a violation
of this section must be given notice of intent to prosecute
under the provisions of this section at least fourteen days
before his trial date.
(D) Any
person who is unconscious or otherwise in a condition rendering
him incapable of refusal is considered not to have withdrawn the
consent provided by subsection (B).
(E)
The person conducting the chemical test for the law
enforcement officer shall record in writing the time of arrest,
the time of the test, and the results of the test, a copy of
which must be furnished to the person tested or his attorney
prior to any trial or other proceedings in which the results of
the test are used as evidence; and any.
A person administering any additional test shall record in
writing the time, type, and results of the test and promptly
furnish a copy of the test to the arresting officer. A copy of
the results of the test must may be
furnished to the Federal Aviation Administration and the
division by the arresting officer or the agency involved in the
arrest.
(F)(E)
Any A person who violates
the provisions of subsection (A), upon conviction, must be
punished by a fine of five hundred one
thousand dollars or imprisonment for not less than
forty-eight hours nor or more than one
year, or both.
(G)
Any person who is convicted under the provisions
of this section must be reported to the Federal Aviation
Administration within ten days of conviction.
(H)(F)
For the purposes of this section
flightcrew flight crew member means a
pilot, flight engineer, or flight navigator assigned
to on duty or in an aircraft during
flight time, and aircraft means any contrivance now
known or invented, used, or designed in the future for
navigation of or flight in the air.
Notwithstanding another provision of
law, a person charged with a violation of this section has the
right to compulsory process for obtaining witnesses, documents,
or both, including, but not limited to, state employees charged
with the maintenance of breath testing devices in this State and
the administration of breath testing pursuant to this chapter.
This process may be issued under the official signature of the
magistrate, judge, clerk, or other officer of the court of
competent jurisdiction. The term 'documents' includes, but is
not limited to, a copy of the computer software program of
breath testing devices. The portion of compulsory process
provided for in this section that requires the attendance, at
any administrative hearing or court proceeding, of state
employees charged with the maintenance of breath testing devices
in this State and the administration of breath testing pursuant
to this article, takes effect once the compulsory process
program at SLED is specifically, fully, and adequately
funded.
In addition, at the time of arrest
for a violation of this section, the arresting officer, in
addition to other notice requirements, must inform the defendant
of his right to all hearings provided by law to include those if
a breath test is refused or taken with a result that would
require license suspension. The arresting officer, if the
defendant wishes to avail himself of any hearings, depending on
the choices made or the breath test results obtained, must
provide the defendant with the appropriate form to request the
hearing. The defendant must acknowledge receipt of the notice
requirements and receipt of the hearing form if a hearing is
desired."
SECTION 2. Chapter 3, Title 55 of the 1976 Code is amended to read:
Section 55-3-10. This chapter may be cited
as the Uniform State Law for Aeronautics.
Section 55-3-20.
In this chapter, "aircraft" includes
balloon, airplane, hydroplane and every other vehicle used for
navigation through the air. A hydroplane, while at rest on
water and while being operated on or immediately above water,
shall be governed by the rules regarding water navigation; while
being operated through the air otherwise than immediately above
water, it shall be treated as an aircraft. "Aeronaut"
includes aviator, pilot, balloonist and every other person
having any part in the operation of aircraft while in flight.
"Passenger" includes any person riding in an aircraft
but having no part in its operation. Reserved
Section 55-3-30.
Sovereignty in the space above the lands and
waters of this State is declared to rest in the State, except
where granted to and assumed by the United States pursuant to a
constitutional grant from the people of this State.
Reserved
Section 55-3-40.
The ownership of the space above the lands and
waters of this State is declared to be vested in the several
owners of the surface beneath, subject to the right of flight
described in Section 55-3-50. Reserved
Section 55-3-50.
Flight in aircraft over the lands and waters of
this State is lawful, unless at such a low altitude as to
interfere with the then existing use to which the land or water,
or the space over the land or water, is put by the owner or
unless so conducted as to be imminently dangerous to persons or
property lawfully on the land or water beneath. The
landing of an aircraft on the lands or waters of another without
his consent is unlawful, except in the case of a forced
landing. For damages caused by a forced landing, however, the
owner or lessee of the aircraft or the aeronaut shall be liable,
as provided in Section 55-3-60 cautionary or
emergency landing. This section shall not apply to landings on
waters of the state or other navigable waters where the waters
are normally open to the public or available for public use nor
shall this section apply to landing at public use airports, or
airports owned or operated by a governmental body or political
subdivision. The owner or lessee of the aircraft or the airman
is liable in accordance with applicable law for injury to a
person or property caused by an emergency or precautionary
landing made in accordance with this section.
Section 55-3-60. The
owner of every aircraft which
is operated over the land or waters of this State is
absolutely liable for injuries
injury to persons or property on the land or water
beneath which is caused by ascent, descent or
flight of the aircraft or the intentional
dropping or falling of any
an object therefrom from an
aircraft, whether such the owner was
negligent or not, unless the injury is caused in whole or in
part by the negligence of the person injured or of the owner or
bailee of the property injured. If the aircraft is leased at
the time of the injury to person or property both owner and
lessee shall be is liable and they may
be sued jointly or either or both of them may be sued
separately. An aeronaut airman who is
not the owner or lessee shall be is
liable only for the consequences of his own
negligence. The injured person or owner or bailee of the
injured property shall have a lien next in priority to the lien
for State and county taxes on the aircraft causing the
injury to the extent of the damage caused by
the aircraft or an object falling from
it. A chattel mortgagee, conditional vendor or trustee under an
equipment trust of any an aircraft out
of possession shall not be deemed
considered an owner or lessee within the provisions of
this section.
Section 55-3-70.
Subject to the provisions of Section 55-1-10, the
liability of the owner of one aircraft to the owner of another
aircraft, or to aeronauts an airman or
passengers on either aircraft, for damage caused by collision on
land or in the air shall must be
determined by the rules of law applicable to torts on land.
Section 55-3-80. All
crimes, torts and other wrongs committed by or against an
aeronaut airman or passenger while in
flight over this State shall be is
governed by the laws of this State; and the.
The question of whether damage occasioned by or to
an aircraft while in flight over this State constitutes a tort,
crime or other wrong by or against the owner of
such the aircraft shall
must be determined by the laws of this State.
Section 55-3-90. All contractual and
other legal relations entered into by aeronauts or passengers
while in flight over this State shall have the same effect as if
entered into on the land or water beneath. Navigable
waterways, which are available for use under the public trust
doctrine, may be used for the landing, docking, and takeoff of
seaplanes in accordance with this provision. This section does
not authorize the use of seaplanes in a manner or location which
would violate the property rights of another person.
During the landing, docking, and
takeoff of a seaplane, its pilot shall comply with all
applicable federal and state laws and aeronautical rules.
Seaplane takeoff, landing, and water
operations must be done safely and in a manner which does not
endanger other persons, watercraft, and property.
A seaplane shall not land, dock or
takeoff on a waterway in a manner that would violate applicable
laws, ordinances, and rules if done by a motorized watercraft,
except that a seaplane is not required to comply with a
statewide speed limit for watercraft while landing and taking
off, if a higher speed is necessary for safe operation and is
not in conflict with any other restrictions applicable to
watercraft.
In no event shall the landing,
docking, or takeoff of seaplanes be approved if the landing,
docking, or takeoff would pose unreasonable risks to public
health, safety, or property as determined by the division.
Section 55-3-100.
Any aeronaut or passenger who, while in flight
over a thickly inhabited area or over a public gathering within
this State, shall engage in trick or acrobatic flying or in any
acrobatic feat or shall, except while in landing or taking off,
fly at such a low level as to endanger the persons on the
surface beneath or drop any object except loose water or loose
sand ballast shall be guilty of a misdemeanor and punishable by
a fine of not more than one hundred dollars, or imprisonment for
not more than thirty days, or both. If the division
determines that use of a waterway by a seaplane poses an
unreasonable risk to public health, safety, or property, the
division or commission may withdraw approval or limit use of the
waterway or make the use of the waterway subject to conditions,
after following criteria set forth in this section. If
considered necessary to protect public health, safety or
property, the division may issue an interim order restricting
the use of a waterway by a seaplane pending completion of the
procedures in this section. In determining if a waterway is
suitable for seaplane use, the division shall consider the
following criteria:
(1) the
safety and general suitability of the waterway for seaplane
use;
(2) the
impact of seaplane use on the use and enjoyment of the waterway
and adjacent properties by other persons;
(3) the
availability of suitable alternative waterways for seaplane
use;
(4) the
public interest in fostering aviation and allowing the use of
navigable waterways for aviation and other purposes;
(5)
whether competing interests may be balanced by imposing
limitations or conditions on use of the waterway by seaplanes;
and
(6) any
other factor which reasonably would be affected by a decision to
allow seaplane use notwithstanding the local ordinance.
Section 55-3-110.
Any aeronaut An airman or
passenger who, while in flight within this State, shall
intentionally kill or attempt to kill any birds or animals
shall be is guilty of a misdemeanor and
punishable by a fine of not more than one
hundred two thousand dollars, or by imprisonment
for not more than thirty days, or both.
Section 55-3-120. This
chapter shall must be
so interpreted and construed as to effectuate
its general purpose to make uniform the law of those
states which enact substantially identical legislation and to
harmonize, as far as possible, with Federal laws and
regulations of promoting aviation, aeronautics,
aviation safety, and conforming and making consistent this
State's laws with federal law, and the laws of other states
on the subject of aviation and aeronautics.
Section 55-3-130.
The pointing, aiming, or discharge of a laser device at
an aircraft in flight or on the ground while occupied is
unlawful. A person who wilfully and maliciously discharges a
laser at an aircraft, whether stopped, in motion or in flight,
while occupied, is guilty of a misdemeanor punishable by
imprisonment for not more than one year or by a fine of two
thousand dollars, or both. For a second or subsequent violation
of this section a person is guilty of a felony punishable and
must be imprisoned for not more than three years, or fined not
more than five thousand dollars, or both. This section does not
apply to the conduct of laser development activity by or on
behalf of the United States Armed Forces.
A person who, with the intent to
interfere with the operation of an aircraft, wilfully shines a
light or other bright device, of an intensity capable of
impairing the operation of an aircraft, at an aircraft, must be
punished by a fine not exceeding one thousand dollars, or by
imprisonment not exceeding one year, or both.
As used in this section, 'laser'
means a device that utilizes the natural oscillations of atoms
or molecules between energy levels for generating coherent
electromagnetic radiation in the ultraviolet, visible, or
infrared region of the spectrum, and when discharged exceeds one
milliwatt continuous wave."
SECTION 3. Chapter 5, Title 55 of the 1976 Code is amended to read:
Section 55-5-10.
This chapter may be cited as 'The Uniform
State Aeronautical Regulatory Act'.
Section 55-5-20.
When used in this chapter: Reserved
(1) "Aeronautics" means the act or practice of the art
and science of transportation by aircraft, of operation,
construction, repair or maintenance of aircraft, airports,
landing fields, landing strips or air navigation facilities or
of air instruction;
(2) "Aircraft" means any contrivance now known or
hereafter invented, used or designed for navigation of or flight
in the air;
(3) "Public aircraft" means an aircraft used
exclusively in governmental service, including military and
naval aircraft, or of any state or territory thereof;
(4) "Civil aircraft" means any aircraft other than a
public aircraft;
(5) "Airport" means any area, either of land or water,
which is used or which is made available for the landing and
take-off of aircraft, whether or not it provides facilities for
the shelter, supply and repair of aircraft, and which meets the
minimum requirements as to size, design, surface marking,
equipment and management that may from time to time be provided
by the division;
(6) "Landing strip" means an area, either of land or
water, which is available for the landing and take-off of
aircraft having not less than one hundred feet of usable width
and not less than one thousand feet of usable length, the use of
which shall, except in case of emergency, be only as provided
from time to time by the regulations of the division;
(7) "Person" means any individual, association,
copartnership, firm, company, corporation or other association
of individuals;
(8) "Air instruction" means the imparting of
aeronautical information in any air school, flying club or by
any aviation instructor;
(9) Any person engaged in giving instruction or offering to give
instruction in aeronautics, either in flying or ground subjects,
or both, for or without hire or reward and advertising,
representing or holding himself out as giving or offering to
give such instruction shall be termed and considered an
"air school";
(10) Any person other than an individual who, neither for profit
nor reward, owns, leases or uses one or more aircraft for the
purpose of instruction, pleasure or both, shall be termed and
considered a "flying club";
(11) "Aviation instructor" means any individual
engaged in giving instruction, or offering to give instruction,
in aeronautics, either in flying or ground subjects, or both,
for or without hire or reward, without advertising such
occupation, without calling his facilities an "air
school" or anything equivalent thereto and without
employing or using other instructors; and
(12) Notwithstanding any other provision of law, "aviation
gasoline" means gasoline and aviation jet fuel manufactured
exclusively for use in airplanes and sold for such purposes.
Section 55-5-50.
Notwithstanding any other another
provision of law, the Aeronautics Commission
division shall employ a deputy an
executive director of aeronautics in accordance with the
provision contained in Section 13-1-1050 and 13-1-1080 and
such other employees as
necessary for the proper transaction of the division's business.
Section 55-5-60.
The State Budget and Control Board shall provide,
as soon as practicable, suitable offices for the division in the
city of Columbia, and the division may maintain offices in any
other city in the State that the division may designate and may
incur the necessary expense for the office furniture,
stationery, printing, incidental expenses and other expenses
necessary for the enforcement of this chapter and the general
promotion of aeronautics within the State.
Reserved
Section 55-5-70. The
division shall promote and foster air commerce within the
State and the division shall have supervision
over an interest in the maintenance and enhancement
of the aeronautical activities and facilities within the
State. Such authority shall include supervision and
control over all airports, landing fields, landing strips, air
instruction, air parking, air beacons and all other air
navigation facilities. Accordingly, the The
division may prescribe such shall adopt
reasonable rules and promulgate regulations as it may
deem necessary and advisable, in conjunction with Federal
Aviation Administration regulations, for the public safety
and for the promotion of aeronautics governing the designing,
laying out, location, building, equipping, operation and use of
all airports, landing fields or landing strips. The
division may further prescribe such reasonable rules and
regulations as it may deem necessary governing the curriculum,
equipment, personnel and operation and management of all air
instruction, for the purpose of protecting the health and safety
of students receiving or to receive such instruction and
insuring, so far as may be, the public safety through the proper
training and instruction of student aviators. The division may
further prescribe such reasonable rules and regulations as it
may deem necessary and advisable for the public safety and the
safety of those engaged in aeronautics and for the promotion of
aeronautics governing the establishment, location, maintenance
and operation of all air markings, air beacons and other air
navigation facilities. The division may further prescribe such
reasonable air traffic rules and regulations as it shall deem
necessary for public safety and the safety of those engaged in
aeronautics and for the promotion of aeronautics; provided,
however, that no rules or regulations prescribed by the division
under the authority of this section shall be inconsistent with
the then current federal legislation governing aeronautics and
the regulations duly promulgated thereunder.
Section 55-5-71. It is unlawful for a restricted use airport, or other air navigation facility within three nautical miles of a public use facility to be used or operated without the written approval of the division. This approval must be based upon consideration of aviation safety, including a location that would constitute a collision or air traffic hazard or conflict with flight operations in the vicinity of a public use airport.
Section 55-5-72. Except as provided in this section, no airport open for public use shall be constructed in this State unless the master plan study, or airport layout plan, or the construction plans and specifications for such airport or landing strip have been approved in writing by the division. No additions shall be made to any existing airport or landing strip open for public use unless the master plan study or the construction plans and specifications for an airport or landing strip have been approved in writing by the division. This provision shall not apply to airports owned by private entities, or an airport which does not receive State funds.
Section 55-5-73. No state airport construction funding or funding from the State Aviation Fund shall be provided to an airport unless it has an airport layout plan and construction plan approved by, and on file with the division at the time the request for funding is made.
Section 55-5-75. From information obtained from the Federal Aviation Administration, the division quarterly shall furnish the respective county auditors of this State with a list of all aircraft registered in their county according to the records of the Federal Aviation Administration.
Section 55-5-80. The division shall
assist in the development of aviation and aviation facilities
within the State for the purpose of safeguarding the interest of
those engaged in all phases of the industry and of the general
public and of promoting aeronautics. (A)
The division shall have a seal and shall adopt rules
and promulgate regulations for its administration, not
inconsistent, as it considers necessary. It may amend its rules
and regulations and shall adopt reasonable rules and promulgate
regulations as it considers necessary and advisable for the
public safety and the safety of those engaged in
aeronautics.
The division may cooperate with any county or municipality in
the establishment, maintenance and operation of airports,
landing fields or emergency landing strips and may do so in
cooperation with other states or with any federal
agency.
(B) The
division shall enter into contracts or agreements with the
Federal Aviation Administration to administer, and shall
administer grant programs, maintenance programs, or other
programs in the support of the state aeronautical system.
(C) The
division shall operate a flight department including the
purchase, operation, and maintenance of aircraft to support the
transportation needs of the State, and may support and cooperate
with other state agencies who own aircraft through maintenance
and operations agreements.
(D) The
division shall consult with the Federal Aviation Administration,
persons involved in aeronautics and aeronautical activity,
public airports, and airport governing boards as necessary for
the purpose of enhancing the public safety and the safety of
those engaged in aeronautics. The division may promulgate
regulations to carry out this purpose. However, these
regulation must not be inconsistent with federal law or
regulations governing aeronautics.
(E) The
division shall assist in the development of aviation and
aviation facilities within the State for the purpose of
safeguarding the interest of those engaged in all phases of the
aviation industry and of the general public and of promoting
aeronautics.
(F) The
division may cooperate with any authority, county, or
municipality in the establishment, maintenance and operation of
airports, landing fields or emergency landing strips and may do
so in cooperation with other states or with any federal agency.
(G) The
division shall have the authority to partner with local
governments, private entities, special purpose districts, or
others to establish, own, operate, and maintain existing or
future airports.
(H) The
division may conduct inspections of aviation facilities for
compliance with federal grants, or to assist in obtaining grants
from federal agencies, or to ensure compliance with national
building or fire codes, including premises and the buildings and
other structures at airports, or at prospective airports or
other air navigation facilities. In order to effectuate this
purpose, the division shall cooperate with the local governing
body of an airport and any state or municipal officer or agency
that may have jurisdiction over the airport.
(I) The
division may participate in and support the emergency management
division air branch emergency support function.
(J) The
division shall have the authority to review and approve airport
master plans pursuant to Section 55-5-72.
(K) The
division shall have the authority to take action to abate any
imminent or foreseeable hazard to aviation safety at a public
use airport in the State or in the vicinity of a public use
airport when it can be shown that:
(1)
a condition exists that interferes with, or has
a reasonable potential in the judgment of the division to
interfere with aircraft operations;
(2)
a condition poses an increased risk to aviation
safety;
(3)
the persistence of a condition would cause
aircraft takeoff, landing, or approach criteria to be adversely
impacted; or
(4)
the existence of a condition that would
constitute a nuisance to aircraft operation. These conditions
may include, but are not limited to:
(a)
obstructions such as towers, trees, or manmade
structures;
(b)
conditions that adversely affect FAA or industry
criteria for safe approach, landing, takeoff and departure
profiles;
(c)
landfills or other activities that have the
potential to attract a large number of birds;
(d)
interference with airport markings, including
lighting;
(e)
light pollution, including off-airport
lighting;
(f)
land uses that have a reasonable potential to
interfere with aircraft operations, pose an increased risk to
aviation safety, adversely affect aircraft takeoff, landing or
approach criteria, or constitute a nuisance to aircraft
operations; or
(g)
interference with airport and aviation
navigational equipment and facilities.
(L) Legal
action may include the issuance of an order directing the
abatement or removal of the hazard, an action in circuit court
or the Administrative Law Court to enjoin the construction or
maintenance of a hazard, or the removal and abatement of a
hazard.
(M)
Except in emergency situations, before taking legal
action, the division shall cooperate with the airport sponsor
and affected local governments with the objective of achieving a
mutually agreeable solution. If necessary, the parties shall
engage in alternative dispute resolution. The alternative
dispute resolution must be between the governmental entity and
the division and shall not involve any private parties.
(N) The
division may promulgate regulations necessary to implement this
section.
(O) The
division and an affected local government shall have the ability
to seek cost recovery against the persons responsible for
creating or maintaining the hazard for the actual costs in the
removal or abatement of the hazard.
Section 55-5-86.
Notwithstanding any other provision of law, no
airport or landing strip open for public use shall be
constructed in this State unless the master plan study or the
construction plans and specifications for such airport or
landing strip have been approved by the division. No additions
shall be made to any existing airport or landing strip open for
public use unless the master plan study or the construction
plans and specifications for such airport or landing strip have
been approved by the division. Reserved
Section 55-5-87. No state airport
construction funding shall be provided to any airport unless it
has an airport layout plan approved by and on file with the
division at the time the request for funding is made.
Reserved
Section 55-5-88.
The provisions of Sections 55-5-86 and 55-5-87
shall not apply to any airport or landing strip which does not
receive state funds. Reserved
Section 55-5-90.
The public safety requiring and the advantages of
uniform regulation making it desirable in the interest of
aeronautical progress that aircraft operating within this State
should conform with respect to design, construction and
airworthiness to the standards prescribed by the United States
Government with respect to navigation of civil aircraft subject
to its jurisdiction, it shall be unlawful for any person to
operate, pilot or navigate, or cause or authorize to be
operated, piloted or navigated, any aircraft within the State
unless such aircraft has an appropriate effective license,
issued by the government of the United States; provided,
however, that this restriction shall not apply to public
aircraft of the United States or of any state, territory or
possession thereof or to aircraft licensed by a foreign country
with which the United States has a reciprocal agreement covering
the operations of such licensed aircraft; and provided, further,
that the division may, in its discretion, waive this provision
in the interest of a non-passenger-carrying flight solely for
inspection or test purposes. Reserved
Section 55-5-100.
The public safety requiring and the advantages of
uniform regulation making it desirable in the interest of
aeronautical progress that a person engaging within this State
in navigating aircraft in any form of navigation shall have the
qualifications necessary for obtaining and holding a pilot's
license issued by the government of the United States, it shall
be unlawful for any person to pilot any aircraft in this State
unless such person is the holder of a correct effective pilot's
license issued by the government of the United States; provided,
however, that this restriction shall not apply to those persons
operating public aircraft of the United States or public
aircraft of any state, territory or possession thereof or
operating any aircraft licensed by a foreign country with which
the United States has a reciprocal agreement covering the
operation of such licensed aircraft.
Reserved
Section 55-5-110.
The certificate of the license required for pilots
shall be kept in the personal possession of the licensee when he
is operating aircraft within this State and must be presented
for inspection upon the demand of any passenger, any peace
officer of this State, any authorized official or employee of
the division or any official manager or person in charge of any
airport in this State upon which he shall land; or upon the
reasonable request of any other person. The aircraft license
must be carried in the aircraft at all times and must be
conspicuously posted therein where it may be readily seen by
passengers or inspectors; and the license must be presented for
inspection upon the demand of any passenger, any peace officer
of this State, any authorized official or employee of the
division or any official, manager or person in charge of any
airport in this State upon which it shall land; or upon the
reasonable request of any other person. In any
criminal prosecution under any of the provisions of this chapter
a defendant who relies for his justification upon a license of
any kind shall have the burden of proving that he is properly
licensed or is the possessor of a proper license, as the case
may be, and the fact of non-issuance
nonissuance of such license may be evidenced by a
certificate signed by the official having power of issuance, or
his deputy, under seal of office, stating that he has made
diligent search in the records of his office and that from the
records it appears that no such license was issued up to the
date of the making of such certificate.
Section 55-5-120.
It shall be unlawful for any airport, landing
field, air school, flying club, air beacon or other air
navigation facility to be used or operated without the approval
of the division. All proposed airports, landing fields, air
schools, flying clubs, air beacons or other air navigation
facilities shall first be approved by the division before they
or any of them shall be used or operated. The division may
issue a certificate of its approval in each case.
Reserved
Section 55-5-130.
No license, rule, order or regulation promulgated
under the authority of this chapter shall apply to airports,
landing fields, air beacons, air markings or other air
navigation facilities owned or operated by the government of the
United States, of the State or of any county or municipality of
this State. Reserved
Section 55-5-140.
In any case in which the division may deem it
necessary it may order the closing of any airport or landing
field or order any air school, flying club, air beacon or other
air navigation facility to cease operations until it shall have
complied with the requirements laid down by the
division. Reserved
Section 55-5-150.
The division shall have power to hold
investigations, inquiries, and hearings concerning matters
covered by the provisions of this chapter and all accidents in
aeronautics within this State. All hearings conducted by the
division shall be open to the public. Each officer of the
division designated by it to hold any inquiry, investigation or
hearing shall have the power to administer oaths and
affirmations, certify to all official acts, issue subpoenas and
compel the attendance and testimony of witnesses and the
production of papers, books, and documents. In case of failure
to comply with any subpoena or order issued under authority of
this chapter the division, or its authorized representative, may
invoke the aid of any circuit court in this State. The court
may thereupon order the witness to comply with the requirements
of the subpoena or order to give evidence touching the matter in
question. Any failure to obey the order of the court may be
punished by the court as a contempt thereof. (A)
The division may close, order closure, or
approve closure of an airport, airport runway, or any portion of
one only when a condition exists on the airport property that
constitutes an imminent and substantial endangerment to aircraft
operations and aviation safety, and the condition remains
unabated after notice to the airport owner and operator, and a
reasonable opportunity has expired to correct any deficiencies
determined by the division. The division may promulgate
regulations to administer this section.
(B) If
the division disagrees with a decision of an airport sponsor or
governmental body to close a public use airport or any part of
one, both the division and the airport sponsor or governmental
body shall engage in mediation or another form of alternative
dispute resolution mutually agreed upon in an attempt to resolve
their differences. In addition, the division may require that
the airport sponsor develop a proposed closure plan that
contains:
(1)
a certification that all grant conditions
imposed by federal or state funding have been complied with, and
that all grant funds have been repaid to the appropriate
agency;
(2)
a statement for the reason for the closure;
(3)
an economic analysis of the impact of the
closure on the community;
(4)
a plan and schedule for the use of or
development of a replacement facility acceptable to the
division; and
(5)
other information required by the division.
Section 55-5-160.
In Except as otherwise provided in
this chapter, in order to facilitate the making of
investigations by the division, in the interest of the public
safety and the promotion of aeronautics, the public interest
requires and it is therefore provided that the reports of
investigations or hearings, or any part thereof or any testimony
given thereat, shall not be admitted in evidence or used for any
purpose in any suit, action or proceeding growing out of any
matter referred to in said investigation, hearing or report
thereof, except in case of criminal or other proceedings
instituted by or in behalf of the division under the provisions
of this chapter; nor shall any employee of the division be
required to testify to any facts ascertained in, or information
gained by reason of, his official capacity and, further, no
employee of the division shall be required to testify as an
expert witness in any suit, action or proceeding involving any
aircraft.
Section 55-5-170.
The division shall have a seal and shall make such
rules and regulations for its administration, not inconsistent
herewith, as it may deem expedient. It may from time to time
amend such rules and regulations. Reserved
Section 55-5-180. The division shall keep on file with the Secretary of State and at the principal office of the division for public inspection a copy of all its rules and regulations. On or before December thirty-first, in each year, the division shall make to the Governor a full report of its proceedings for the year ending December first in each year and may submit with such report such recommendations pertaining to its affairs as seem to it to be desirable.
Section 55-5-190. The
division, its members and employees and every county and
municipal officer charged with the enforcement of state and
municipal laws shall enforce and assist in the enforcement of
this chapter. The division may also in the name of the State
enforce the provisions of this chapter by injunction in the
circuit courts of this State. Other departments and political
subdivisions of the State may also cooperate with the
Division of Aeronautics of the Department of
Commerce division in the development of
aeronautics and aeronautic facilities within the State.
Section 55-5-200.
To carry out the provision of this chapter the
division and any officer, state or municipal, charged with the
duty of enforcing this chapter, may inspect and examine at
reasonable hours any premises and the buildings and other
structures thereof where airports, landing fields, air schools,
flying clubs, air beacons or other air navigation facilities are
operated. Reserved
Section 55-5-210. In
any case in which the division rejects an application
for permission to operate or establish an airport, landing
field, air school, flying club, air beacon or other air
navigation facility or in any case in which the division shall
issue any order requiring certain things to be done, it shall
set forth its reasons therefor issues an order
pursuant to applicable law, including the South Carolina
Administrative Procedures Act, Section 1-23-10 et seq., rules
and regulations or policy and procedures as documented for
public review, the division shall set forth findings of fact and
conclusions of law, separately stated and its reasons and
shall state the requirements to be met before such approval
will be is given or
such the order is modified or
changed.
Section 55-5-220. Any
order made by the division pursuant to this
chapter title shall be served upon the
interested person by registered mail or in person before such
order shall become effective.
Section 55-5-230. A
person against whom an order is entered may appeal within thirty
days after the service to the Administrative Law Court as
provided in Sections 1-23-380(B) and
1-23-600(D) for the purpose of having the reasonableness or
lawfulness of the order inquired into and determined.
Section 55-5-240. The person taking the appeal shall file the notice of appeal in the office of the clerk with the Administrative Law Court and serve a copy on the director or his designee and all other parties of record. Upon appellate review, the administrative law judge shall enter an order either affirming or setting aside the order of the court; or may remand the matter to the court for further hearing. The filing of the notice of appeal operates as a supersedeas.
Section 55-5-250.
If no appeal is taken from the order of the
Division of Aeronautics within the period fixed, the party
against whom the order is entered is deemed to have waived the
right to have the reasonableness or lawfulness of the order
reviewed by the Administrative Law Court, and there may be no
trial of that issue in a court in which suit may be instituted
for the penalty for failure to comply with the order.
Reserved
Section 55-5-260.
Any person failing to comply with the requirements
or violating any of the provisions of this chapter or the rules
and regulations for the enforcement of this chapter made by the
division is guilty of a misdemeanor and punishable by a fine of
not more than five hundred dollars or by imprisonment for not
more than ninety days or both. (A)
A person failing to comply with the requirements of
this chapter or the rules and regulations of this chapter is
subject to a civil penalty of two thousand dollars per
violation.
(B) A
person who wilfully or intentionally violates a provision of
this chapter or the rules and regulations for the enforcement of
this chapter made by the division is guilty of a misdemeanor and
is punishable by a fine of not more than two thousand dollars,
or by imprisonment for not more than thirty days, or both.
(C) An
owner or operator who knowingly makes a false statement or
representation of a material fact in a report to or written
instrument filed with the division is guilty of a misdemeanor
and, upon conviction, must be fined not less than one hundred
dollars nor more than one thousand dollars, or imprisoned for
not more than ninety days, or both.
Section 55-5-270.
The terms and provisions of this chapter shall not
apply to unlicensed aircraft engaged entirely in private flying
and which do not engage in flying for hire in any way
apply to all civil aircraft that are not required to have an
airworthiness certificate issued by the Federal Aviation
Administration or its foreign counterpart unless the aircraft is
engaged in private flight operations substantially similar to
those conducted by civil aircraft.
Section 55-5-280.
(A) All monies received from
licensing of airports, landing fields, or air
schools, funds appropriated for aviation grants, the
tax on aviation gasoline fuel and taxes
levied by the State pursuant to Section 12-37-2410, et seq.,
and fees for other licenses issued under this chapter must be
paid into the State Treasury and credited to the fund known as
the 'State Aviation Fund'. In any fiscal year in which the
tax levied by the state pursuant to Section 12-37-2410, et seq.
exceeds five million dollars, the revenues in excess of five
million dollars must be directed to the State Aviation Fund
(B)
Except as provided in Section 55-5-290, the State
Aviation Fund must be used for the purpose of capital
improvements and maintenance to public use airports, which may
include use as matching funds for FAA Airport Improvement
Grants, so long as those airports meet the requirements set
forth by the division. In addition, the fund also may receive
State appropriations, gifts, grants, and federal funds and shall
include earnings from investments of monies from the fund. A
fund balance at the close of the fiscal year shall not lapse but
must be carried forward to the next fiscal year. The division
shall use monies deposited in the fund or accruing to the fund
for the development, rehabilitation, and maintenance of publicly
owned or operated airports, as allowed in this chapter.
(C) The
division may promulgate regulations governing the eligibility
requirements and procedures for disbursements from the State
Aviation Fund.
Section 55-5-290.
Any moneys monies or fees coming
into the hands of the division may be used for the necessary
expenses of the division essential to the carrying out of this
chapter but no overdraft shall be created by reason of any such
expenditures."
SECTION 4. Chapter 9, Title 55 of the 1976 Code is amended to read:
Section 55-9-10. This
chapter may be cited as the 'Uniform South
Carolina Airports Act.'
Section 55-9-20. It is the intent and purpose of this chapter that all provisions herein relating to the issuance of bonds and levying of taxes for airport purposes and condemnation for airports and airport facilities shall be construed in accordance with the general provisions of the law of this State governing the right and procedure of counties and municipalities to condemn property, issue bonds and levy taxes.
Section 55-9-30. The
division and the municipalities, counties, airport
commissions, special purpose districts, and other political
subdivisions of this State may, separately or jointly, acquire,
establish, construct, expand, own, lease, control, equip,
improve, maintain, operate, regulate and police airports
and landing fields for the use of aircraft,
either within or without the geographical limits of such
municipalities, counties and other political subdivisions and
may use for such purpose or purposes any available property
owned or controlled by the division or such municipalities,
counties or other political subdivisions; but no county shall
exercise the authority hereby conferred outside of its
geographical limits except in an adjoining county and this only
jointly with such adjoining county.
Section 55-9-40. Any lands acquired, owned, leased, controlled or occupied by the division or such counties, municipalities or other political subdivisions for the purpose or purposes enumerated in Section 55-9-30 shall and are hereby declared to be acquired, owned, leased, controlled or occupied for public, governmental and municipal purposes.
Section 55-9-50.
The governing bodies of the several counties
of this State may acquire land by gift, purchase, or
condemnation for the purpose of building, constructing and
maintaining landing strips and airports. The
provisions of Sections 55-9-70 to 55-9-180 shall not apply to
land that may be acquired under the provisions of this section.
Section 55-9-70.
Private property needed by the division or a county,
municipality or other political subdivision for an
airport, or landing field or for the
expansion of an airport or landing field may be
acquired by grant, purchase, lease or other means, if such
political subdivision or the division, as the case may be, is
able to agree with the owner of such the
property on the terms of such the
acquisition and otherwise by condemnation in the manner provided
by the law under which such political subdivision or the
division is authorized to acquire real property for public
purposes. The provisions of this section shall apply to
property needed by the Adjutant and Inspector
General of South Carolina.
Section 55-9-80. When
necessary in order to provide unobstructed airspace for the
landing and taking off of aircraft utilizing airports
and landing fields acquired or maintained under
the provisions of this chapter, the division and the counties,
municipalities, and other subdivisions, including duly
constituted airport commissions and special purpose
districts of this State may acquire air rights, including
aviation easements, over private property necessary to
ensure safe approaches to the landing areas of the airports
and landing fields, and for the purpose
of establishing and protecting aeroplane landing
fields airports and runways.
Such These air rights may be acquired by
grant, purchase, lease, or condemnation pursuant to the
provisions of the Eminent Domain Procedure Act (Chapter 2
of, Title 28).
Section 55-9-90. The
division and such counties, municipalities and other political
subdivisions of this State may acquire the right or easement for
a term of years, or perpetually, to place and maintain suitable
markers for the daytime and to place, operate and maintain
suitable lights for the nighttime marking of buildings or other
structures or obstructions, for the safe operation of aircraft
utilizing airports and landing fields acquired
or maintained under the provisions of this chapter. Such rights
or easements may be acquired by grant, purchase, lease or
condemnation in the same manner as is provided in this chapter
for the acquisition of the airport or landing
field itself or the expansion thereof
of it.
Section 55-9-190. The
division, counties, municipalities and other political
subdivisions of this State which have established airports
or landing fields or which acquire, lease or
set apart real property for any such purpose
these purposes may:
(1)
Construct construct, equip,
improve, maintain and operate such airports
or landing fields or vest authority for the
construction, equipment, improvement, maintenance and operation
thereof of it in an officer, board or
body of such the political subdivision,
the expense of such the construction,
equipment, improvement, maintenance and operation to be a
responsibility of such political subdivision;
(2)
Adopt adopt regulations and
establish charges, fees and tolls for the use of such airports
or landing fields, fix penalties for the
violation of such regulations and establish liens to enforce
payment of such charges, fees and tolls; and
(3)
Lease lease for a term
such airports or landing fields these airports
to private parties for operation or lease or assign for
a term to private parties for operation space, area,
improvements and equipment on such airports or landing
fields, provided in each case that in so doing the
public is not deprived of its rightful, equal, and uniform use
thereof of it.
Section 55-9-200. The
purchase price or award for real property acquired, in
accordance with the provisions of this chapter, for an airport
or landing field may be paid for by
appropriation of moneys monies available
therefor for it or wholly or partly from
the proceeds of the sale of bonds of such
the county, municipality or other political subdivision
as the legislative body of such the
political subdivision shall determine;
subject, however, to the adoption of a
proposition therefor for it at a regular
or special election, if the adoption of such a
proposition is a prerequisite to the issuance of bonds of
such the political subdivision for
public purposes generally.
Section 55-9-210. The
local public authorities having power to appropriate
moneys monies within the counties,
municipalities or other political subdivisions of this State
acquiring, establishing, developing, operating, maintaining or
controlling airports or landing fields under
the provisions of this chapter may appropriate and cause to be
raised by taxation or otherwise in such political subdivisions
moneys sufficient to carry out therein the provisions of
this chapter and may also use for any such purpose
moneys. All monies derived from
such these airports or landing
fields must be obligated to these facilities. A
diversion of revenue away from airport facility accounts for
nonaeronautical purposes is unlawful and may subject an airport
or airport sponsor to denial of future funding.
Section 55-9-220. Any
unexpended moneys monies appropriated
for airport development for a particular county may be
transferred to repairs to airports for that particular county
upon request of the division.
Section 55-9-230.
Counties, municipalities or other political subdivisions
of this State acquiring, establishing, developing, operating,
maintaining, controlling or having an interest in airports
or landing fields, without the geographical
limits of such these subdivisions, under
the provisions of this chapter may promulgate, amend and enforce
police regulations for such airports or landing
fields, these entities irrespective of whether
or not the title to the properties is vested in, and the
management and operation of any such an
airport or landing field is
by, a commission created by statute or
otherwise.
Section 55-9-240. All
land surrounding public-owned airports in this State, which are
funded partially or wholly by this State, shall
must be zoned by appropriate county, municipal or
regional authorities so as to conform with
to pertinent regulations of the Division of
Aeronautics and the United States Department of
Transportation, Federal Aviation Administration,
Department of Transportation.
Section 55-9-250.
An airport hazard is a condition, occurrence or
activity that endangers the lives and property of users of an
airport and of occupants of land and other persons in its
vicinity, and also, if of the obstruction type, in effect
reduces the size of the area available for the landing, taking
off and maneuvering of aircraft, thus tending to destroy or
impair the utility of the airport and the public investment in
it. Therefore:
(1) the
creation or establishment of an airport hazard is a public
nuisance and an injury to the community served by an
airport;
(2) it is
necessary in the interest of the public health, safety, and
general welfare that the creation or establishment of airport
hazards be prevented;
(3) this
should be accomplished, to the extent legally possible, by
proper exercise of the police power; and
(4) the
prevention of the creation or establishment of airport hazards,
and the elimination, removal, alteration, mitigation, or marking
and lighting of existing airport hazards are public purposes for
which county, municipal, or regional authorities may raise and
expend public funds, as an incident to the operation of
airports, to acquire land or property interests in them.
(5) In
the event of an abatement of an airport hazard on private
property by the division under Section 55-5-80 or Section
55-9-280, the division and a local government shall have the
ability to seek cost recovery against the person responsible for
creating or maintaining the hazard for the actual costs in the
removal or abatement of the hazard.
Section 55-9-260. A county, municipality or political subdivision that has an airport hazard area within its territorial limits may adopt, administer, and enforce in the manner and upon the conditions prescribed by this chapter, zoning regulations for the airport hazard area. These regulations may divide the area into zones and, within these zones, specify the land uses permitted, and regulate and restrict, for the purpose of preventing airport hazards, the height to which structures and trees may be erected or permitted to grow. The adoption of these zoning regulations shall conform to the requirements of Section 6-29-710, et seq. of the South Carolina Code of laws governing zoning.
Section 55-9-270.
When an airport hazard area appertaining to an airport
owned or controlled by a county, or political subdivision
municipality is located outside the territorial limits of the
governmental entity.
The governmental entity owning
or controlling the airport, and the county municipality, or
political subdivision within which the airport hazard area is
located, may by ordinance adopt, administer, and enforce airport
zoning regulations applicable to the airport safety zones,
airport land use zones, and airport hazards.
Section 55-9-280. A governmental entity that owns or controls an airport and the Division of Aeronautics may maintain actions in equity to restrain and abate as nuisances the creation or establishment of airport hazards appertaining to an airport in violation of any zoning regulations adopted or established pursuant to the provisions of this chapter for any area whether within or without the territorial limits of the municipality.
Section 55-9-290. The division may maintain actions in equity to restrain and abate as nuisances the creation or establishment of airport hazards appertaining to any airport within the State, in violation of any zoning regulations adopted or established pursuant to the provisions of this chapter.
Section 55-9-300. Any governmental entity may incorporate airport hazard area regulations and administer and enforce them.
Section 55-9-310. In the event of a conflict between any airport zoning regulations adopted or established pursuant to chapter and any other regulations applicable to the same area, the more stringent limitation or requirement shall govern and prevail.
Section 55-9-320. In adopting, amending, and repealing airport zoning regulations under this chapter, the governing body of a county, city, or political subdivision city shall follow the procedure in Section 6-29-760.
Section 55-9-330.
(A) All airport zoning
regulations adopted pursuant to chapter shall be reasonable and
none shall impose any requirement or restriction which is not
necessary to effectuate the purposes of this chapter.
(B)
Airport zoning regulations adopted under this chapter
may require the removal, lowering, or other change or alteration
of any structure or tree, or a change in use, not conforming to
the regulations when adopted or amended. An affected local
government shall have the ability to seek cost recovery against
the persons responsible for creating or maintaining the
condition for the actual costs in the removal or abatement of
the condition.
(C)
Airport zoning regulations adopted under this chapter
may require a property owner to permit the governmental entity
to install, operate, and maintain on the property markers and
lights, as necessary, to indicate to operators of aircraft the
presence of the airport hazard.
(D) All
regulations may provide that a preexisting nonconforming
structure, tree, or use, shall not be replaced, rebuilt,
altered, allowed to grow higher, or replanted, so as to
constitute a greater airport hazard than it was when the airport
zoning regulations or amendments to the regulations were
adopted.
(E) In
the case of an abatement of an aviation hazard as a public
nuisance or nonconformity with applicable aviation safety or
zoning regulations, or both on private property, a municipality
or county may provide by ordinance for notification to the owner
of conditions needed for correction, may require that the owner
take such action as is necessary to correct the conditions, may
provide the terms and conditions under which employees of the
municipality or any person employed for that purpose may go upon
the property to correct the conditions, and may provide that the
cost of such shall become a lien upon the real estate, and must
be collectable in the same manner as municipal or county taxes.
Section 55-9-340. A person desiring to erect or increase the height of a structure, or to permit the growth of any tree, or otherwise use the person's property in violation of airport zoning regulations adopted under this chapter, may apply to the board of adjustment for a variance from the zoning regulations. The variances must be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest, but would do substantial justice and be in accordance with the spirit of the regulations and this chapter. However, that any variance may be allowed subject to any reasonable conditions that the board of adjustment may consider necessary to effectuate the purposes of this chapter, including the reservation of the right of the governmental entity, at its own expense, to install, operate, and maintain on it markers and lights as may be necessary to indicate to operators of aircraft the presence of the airport hazard.
Section 55-9-360. All airport regulations adopted pursuant to this chapter shall provide for the administration and enforcement of these regulations by an administrative agency, which may be an agency created by these regulations, or by any official board, or other existing agency of the entity or entities adopting the regulations."
SECTION 5. Chapter 11, Title 55 of the 1976 Code is amended to read:
Section 55-11-10.The board of trustees of
Clemson University may:
(1) plan, acquire, own,
control, develop, maintain and operate a public airport in
accordance with the requirements of the Federal
Airport Aviation Act and the regulations
prescribed thereunder;
(2) develop, maintain
and operate such public airport out of any appropriations
provided by the State or other funds, public or private, made
available for such purposes;
(3) enter into
agreements with the State for the purpose of receiving State
funds available for public airport purposes, and accept,
receive, receipt for, disburse and expend such State funds for
the purposes provided by this section; provided, however, that
such funds shall be accepted and expended upon such terms and
conditions as may be prescribed by the State;
(4) enter into grant
agreements with the United States for the purpose of receiving
Federal grant-in-aid funds for public airport purposes, and
accept, receive, receipt for, disburse and expend such funds
made available by grant, to accomplish in whole or in part any
of the public airport purposes provided for by the Federal
Airport Act and the regulations thereunder; provided, however,
that all Federal funds shall be accepted and expended upon such
terms and conditions as may be prescribed by the United States
or any agency or department thereof;
(5) designate the
Division of Aeronautics of the Department of
Commerce Budget and Control Board as its agent,
to accept, receive, receipt for and disburse federal or state
funds or other funds, public or private, made available for the
purposes of this section, as may be required or authorized by
law;
(6) acquire property,
real and personal, or any interest in it, by gift, purchase,
condemnation, devise, lease, or otherwise, as may be required in
the development and operation of a public airport;
(7) adopt regulations,
establish charges, fees and tolls for the use of such airport,
and exercise such powers as may be necessary to achieve
compliance with its regulations and enforce payment of its
charges, fees and tolls; and
(8) enter into
long-term contracts, leases and other agreements relative to the
development, operation and management of the airport; provided,
however, that such contracts, leases and agreements shall be in
compliance with the requirements of the Federal Airport Act and
the regulations prescribed thereunder and in accordance with the
laws and regulations governing the making of contracts, leases
or agreements by or on behalf of the State.
Section 55-11-110. The territory embraced by the counties of Greenville and Spartanburg is hereby constituted an airport district and political subdivision of this State, the functions of which shall be public and governmental, and the inhabitants of such territory are hereby constituted a body politic and corporate. The corporate name of the airport district shall be Greenville-Spartanburg Airport District, and by that name the airport district may sue and be sued.
Section 55-11-120. The corporate powers and duties of the District shall be exercised and performed by a Commission to be known as Greenville-Spartanburg Airport Commission. The Commission shall be composed of six members to be appointed by the Governor as follows: Three of the members shall be residents of Spartanburg County and the original members shall be appointed upon the recommendation of a majority of the members of the Spartanburg County legislative delegation. Three of the members shall be residents of Greenville County and the original members shall be appointed upon the recommendation of a majority of the members of the Greenville County legislative delegation. The term of office of one of the original members from Greenville County and one of the original members from Spartanburg County shall be for two years. The term of another of the original members from Greenville County and another of the original members from Spartanburg County shall be for four years. The two remaining members and the successors in office of all the members of the Commission shall serve for a term of six years. The term of each member shall expire on the January first nearest to the end of the term of years for which he is appointed under the foregoing provision; provided, that each member shall serve until his successor is appointed and qualified. Upon the expiration of the term of each commissioner his successor shall be elected in the same manner as set forth above. Upon election by a majority of the Spartanburg delegation or a majority of the Greenville delegation, as the case may be, then the secretary or acting secretary of the county delegation shall certify the approval to the Governor, who shall commission the nominee for the term provided by the provisions of this section. Any new member shall be a suitable person who is a resident of the same county as the member he is to succeed. Successors shall be appointed to serve for the unexpired term of members who die or resign in like manner and upon like recommendation as hereinabove set forth.
Section 55-11-130. The Commission shall appoint one of its members as chairman and one of its members, or any other competent person, as secretary of the Commission. The chairman of the Commission shall serve for a term of two years and until his successor is appointed and qualified. The members of the Commission shall serve without compensation, except for their actual expenses while in performance of duties prescribed under this article.
Section 55-11-140. To
the Commission is hereby committed the function of planning,
establishing, developing, constructing, enlarging, improving,
maintaining, equipping, operating, regulating, protecting and
policing an airport and air navigation facility to serve the
people of the District and the public generally. To this end,
the Commission may:
(1) Have perpetual
succession.
(2) Adopt, use and
alter a corporate seal.
(3) Make bylaws for the
management and regulation of its affairs, and define a quorum
for its meetings.
(4) Requisition, from
time to time, moneys from the State Treasurer which have been
derived from the principal proceeds of general obligation bonds
issued pursuant to 1959 Acts and Joint Resolutions (51 Statutes
at Large) No. 99, whenever, in the opinion of the Commission,
funds are required for any purposes for which the bonds shall
have been issued. The requisition shall certify to the State
Treasurer the sum which, in the opinion of the Commission, is
required and shall set forth generally the nature of the
purposes to which the moneys are to be applied. Following the
requisition of moneys, they shall be deposited in any bank or
trust company having an office within the district, and shall
thereafter be withdrawn and expended by the Commission for the
purposes for which the bonds were issued.
(5) Deposit and
withdraw moneys realized from the sale of revenue bonds issued
pursuant to Section 55-11-150 and to expend the moneys in the
manner prescribed by the proceedings authorizing the issuance of
the revenue bonds.
(6) Deposit moneys
derived from revenue producing facilities in any bank or trust
company having an office within the district and withdraw the
moneys for the purpose of operating, maintaining, constructing,
improving and extending any facility in its charge.
(7) Plan, establish,
develop, construct, enlarge, improve, maintain, equip, operate,
regulate, protect and police its airport and air navigation
facility under such reasonable rules and regulations as the
Commission may from time to time promulgate.
(8) Maintain and extend
runways, terminals, maintenance shops, access roads, utilities
systems, concessions, accommodations, and other facilities of
whatever nature or kind for the comfort and accommodation of air
travelers; purchase and sell supplies, goods and commodities as
an incident to the operation of its airport facilities; and for
all such purposes the Commission may by purchase, gift, devise,
lease, eminent domain proceedings, or otherwise acquire, hold,
develop, use, lease, mortgage, sell, transfer, and dispose of
any property, real or personal, or any interest therein,
including easements in airport hazards, or land outside the
boundaries of its airport or airport site, necessary to permit
the removal, elimination, obstruction-marking or
obstruction-lighting, of airport hazards, or to prevent the
establishment of airport hazards.
(9) License, lease,
rent, sell or otherwise provide for the use of any of its
airport facilities, including the privilege of supplying goods,
commodities, things, services or facilities at such airport by
any persons qualified to use them, as its discretion may
dictate; provided, that in no case shall the public be
deprived of its rightful, equal and uniform use of the airport,
air navigation facility, or portion or facility thereof.
(10) Place in effect
and, from time to time, revise such schedules of licenses,
rates, and charges for the use of its facilities as may be
necessary or desirable to the orderly operation of the airport
facility of the District; provided, that all such rates and
charges shall be reasonable and nondiscriminatory.
(11) Exercise the power
of eminent domain for any corporate function. The power may be
exercised through any procedure prescribed by Sections 28-9-10
to 28-9-110. All powers conferred on municipalities under
Sections 28-9-10 to 28-9-110 are conferred herein on the
Commission.
(12) Appoint officers,
agents, employees and servants and prescribe the duties of such,
including the right to appoint persons charged with the duty of
enforcing its rules and regulations as provided for in item (7)
of this section, fix their compensation and determine if and to
what extent they shall be bonded for the faithful performance of
their duties.
(13) Employ engineers,
architects and attorneys and contract for such other services of
a technical or professional nature as may be necessary or
desirable to the performance of the duties of the Commission.
(14) Make contracts for
the construction, erection, maintenance and repair of the
facilities in its charge, by competitive bidding if such
contracts are in excess of ten thousand dollars. If the
contracts are less than ten thousand dollars, then the
Commission may make such contracts without competitive
bids.
(15) Apply for, accept,
receive, receipt for, disburse and expend Federal, State, county
or municipal moneys and other moneys, public or private, made
available by grant or loan or both, to accomplish, in whole or
in part, any of the purposes of this article and, to this end,
continue to prosecute any application filed with the Federal
Civil Aeronautics Aviation
Administration or the Federal Airway Authority,
or any other Federal agency, by joint action of the Spartanburg
County and Greenville County legislative delegations and pay
from the funds of the district any costs heretofore or hereafter
incurred for any services rendered, since the date the
application was filed, in connection with the procuring or
processing of the application which are found by the commission
to legitimately inure to the benefit of the district. All
Federal moneys accepted under this section shall be accepted and
expended by the commission upon such terms and conditions as are
prescribed by the United States and as are consistent with State
law, and all other moneys accepted under this section shall be
accepted and expended by the commission upon such terms and
conditions as are prescribed by the State or other sources
thereof.
(16) Do all other acts
and things necessary or convenient to carry out any function or
power committed or granted to the district.
Section 55-11-150. The
commission may, on behalf of the district, borrow money and make
and issue negotiable bonds, notes and other evidences of
indebtedness payable solely from the revenue derived from the
operation of any revenue-producing facility or facilities in its
charge. The sums borrowed may be those needed to pay costs
incident to the operation and maintenance of its airport
facility or such sums as may be needed to pay the cost of any
extension, addition or improvement to its airport facility, or
both. If the method of financing authorized by this section is
used, neither the faith and credit of this State nor of any
county lying within the district nor of the district itself
shall be pledged to the payment of the principal and interest of
the obligations, and there shall be on the face of such
obligation a statement, plainly worded, to that effect. Neither
the members of the commission nor any person signing the
obligations shall be personally liable thereon. That a
convenient procedure for borrowing money pursuant to this
section may be prescribed, the district may avail itself of all
powers granted by Title 6, Chapter 17, notwithstanding the fact
that the district shall not otherwise be deemed to be a
municipality. In exercising the powers conferred upon the
district by such code provisions, the district may make all
pledges and covenants authorized by any provision thereof, and
may confer upon the holders of its securities all rights and
liens authorized by such code provisions. Specifically, and
notwithstanding contrary provisions in any such code provisions,
the district may:
(1) provide that such
bonds, notes or other evidences of indebtedness be payable, both
as to principal and interest, from the net revenues derived from
the operation of any revenue-producing facility or facilities,
as such net revenues may be defined by the Commission;
(2) covenant and agree
that upon its being adjudged in default as to the payment of any
installment of principal and interest upon any obligation issued
by it or in default as to the performance of any covenant or
undertaking made by it, that in such event the principal of all
obligations of such issue may be declared forthwith due and
payable, notwithstanding that any of them may not have then
matured;
(3) confer upon a
corporate trustee the power to make disposition of the proceeds
from all borrowings and also all revenues derived from the
operation of the revenue-producing facility whose revenues are
pledged for the payment of such obligations, in accordance with
and in the order of priority prescribed by resolutions adopted
by the commission as an incident to the issuance of any notes,
bonds or other evidences of indebtedness;
(4) dispose of its
obligations at public or private sale and upon such terms and
conditions as it shall approve;
(5) make such provision
for the redemption of any obligations issued by it prior to
their stated maturity, with or without a premium, and on such
terms and conditions as the commission shall approve;
(6) covenant and agree
that any cushion fund established to further secure the payment
of principal and interest of any obligation shall be in a fixed
amount;
(7) covenant and agree
that it will not enter into any agreements with any person or
with the government of this State, the United States, or any of
their political subdivisions, for the furnishing of free
services where such services are ordinarily charged for;
(8) prescribe the
procedure, if any, by which the terms of the contract with the
holders of its obligations may be amended, the number of
obligations whose holders must consent thereto, and the manner
in which such consent shall be given; and
(9) prescribe the
evidences of default and conditions upon which all or any
obligation shall become or may be declared due before maturity,
and the terms and conditions upon which such declaration and its
consequences may be waived.
Section 55-11-160. All revenues derived by the commission from the operation of any revenue-producing facility which may not be required to discharge covenants made by it in issuing bonds, notes or other obligations authorized by Section 55-11-150, shall be held, disposed of or expended by the commission for purposes germane to the functions of the district.
Section 55-11-170. The rates charged for services furnished by any revenue-producing facility of the district as constructed, improved, enlarged or extended shall not be subject to supervision or regulation of any State bureau, commission, board or other like instrumentality or agency thereof.
Section 55-11-180.
Property and income of the district shall
be are exempt from all taxes and fees
levied by the State, county or any municipality, division,
subdivision or agency thereof of them,
direct or indirect.
Section 55-11-185. No municipality may annex any real property owned by the district without prior written approval of the commission.
Section 55-11-190. So long as the district shall be indebted to any person on any bonds, notes or other obligations issued pursuant to the authority of this article, provisions of this article and the powers granted to the district and the commission shall not be in any way diminished, and the provisions of this article shall be deemed a part of the contract between the district and the holders of such obligations.
Section 55-11-200. During each year in which an ad valorem tax is levied on the property with the Greenville-Spartanburg Airport District, the commission of said district shall determine the total amount realized from such tax and notify the treasurer of that county, paying to the Comptroller General less than that turned over to said Comptroller General by the other county. Thereupon such treasurer shall, from the general funds of his county, pay to the treasurer of the other county, to be placed in the general funds, such amount as shall be necessary to equalize the amount contributed by each county.
Section 55-11-210. The
commission is authorized to allow the sale of alcoholic
beverages at facilities on airport property designed for the
sale of food and beverage items. The hours and days of sales
must be established and regulated by the commission, and may not
be in conflict with state law and to adopt and promulgate
rules and regulations governing the use of roads, streets,
buildings, services, and parking facilities on lands of the
Greenville-Spartanburg Airport District. Such
These rules and regulations shall not be in conflict with
any state law and all state laws shall be applicable to the
roads, streets and parking facilities under the control of the
commission. Rules and regulations of the commission shall
become effective when filed with the Executive Secretary of the
Greenville-Spartanburg Airport and in the office of the
Secretary of State in accordance with Section 1-1-210.
The commission is authorized to employ
police officers commissioned by the Governor to enforce all laws
and the rules and regulations authorized in this section, and
such these officers shall be authorized
to issue summonses for violations in the manner authorized for
state highway patrolmen. Violations of any
a law or any a rule, or
regulation of the commission within the jurisdiction of the
Civil and Criminal Court Circuit Court
of Spartanburg shall be tried in that court. Violations not
within the jurisdiction of that court shall be tried by any
magistrate or other court of competent jurisdiction.
Any A person violating
who wilfully or intentionally violates the rules and
regulations of the commission shall be deemed
is guilty of a misdemeanor, and upon
conviction, shall must be fined
not more than one two hundred
dollars,or as otherwise provided by law, or be imprisoned
for not more than thirty days.
All fines and forfeitures collected pursuant to the provisions
of this section shall be forwarded weekly to the
Greenville-Spartanburg Airport Commission by the enforcing court
for deposit in the general operating fund of the district.
Section 55-11-220. No
such airport district property shall be a barrier to the
contiguity requirements for the purposes of annexation. Any
municipality or political subdivision which is contiguous to
property owned by such multi-county
multicounty airport district may annex, as provided by
law, any property contiguous to such airport district property.
Provided, that this provision shall be applicable to annexations
taking place after October 1, 1994.
Section 55-11-230. (A)
An area designated as the airport environs
area is created within the district for purposes of assuring
land uses compatible with airport operations. The airport
environs area consists of all property contained within the area
described as follows:
All property consisting of the area
described in the Air Installation Compatible Use Zone pursuant
to DODINST 4165.57 established by the United States Air Force
applicable to runways 3L-21R 4L-22R
(11,000 feet) and the proposed parallel runways
3R-21L 4R-22L (8,500 feet) including the
CLEAR ZONES, ACCIDENT POTENTIAL ZONE I, and the ACCIDENT
POTENTIAL ZONE II. Specifically, the environs includes all
property 1,000 feet to each side of the runway centerlines and
in a corridor 3,000 feet (1,500 feet either side of the runway
centerlines) wide, extending from the runway thresholds along
the extended runway centerlines for a distance of 15,000 feet,
and shall include the property located between the two
corridors; provided, however, that the southwestern boundary of
the environs area shall be the middle of Rocky Creek.
(B)(1) There is created
the Greenville-Spartanburg Airport Environs Planning Commission,
the 'Airport Environs Planning Commission', consisting of nine
voting members, which have the powers enumerated herein, and
which must be separately constituted from the
Greenville-Spartanburg Airport Commission, as follows:
(a)
two members representing and appointed by the City of
Greer, one of whom also must be a resident of Greenville County
and one of whom also must be a resident of Spartanburg County;
(b)
two members representing and appointed by Spartanburg
County;
(c)
one member representing and appointed by the Town of
Duncan;
(d)
two members representing and appointed by Greenville
County;
(e)
all members must be appointed or reappointed biennially by
the appointing county or municipality;
(f)
two members must be appointed or reappointed biennially by
the Greenville-Spartanburg Airport District, one from
Spartanburg County, and one from Greenville County.
If the members are elected members of the county or municipal
governing body or members of the district, each such
representative shall serve ex officio and with full voting
privileges.
(2)
If any new municipality is created where its boundaries
are wholly or partially within the airport environs area, or if
any existing municipality extends its corporate boundaries into
the airport environs area, that municipality becomes entitled to
appoint a member of the Airport Environs Planning Commission
with a representative appointed as described in subitem
(g) of item (1) item (1)(g) of this subsection,
and the membership shall expand accordingly.
(3)
The Airport Environs Planning Commission is charged with
the responsibility of:
(a)
developing a coordinated comprehensive land use plan for
the airport environs area in a manner consistent with the
process referred to in the South Carolina Local Government
Comprehensive Planning Enabling Act of 1994 contained in Article
3, Chapter 29, Title 6; however, once the Airport Environs
Planning Commission has adopted a land use plan, no further
action by any other commission or governing body is necessary in
order to give effect to the regulations thereby adopted;
(b)
updating the land use plan to reflect changes in the
airport environs area and the uses of the airport; and
(c)
monitoring the administration of and compliance with the
plan by the affected counties and municipalities. The
commission's actions are to assure that land use within the
airport environs area is compatible with noise, health, safety,
and welfare considerations arising from the operation of the
district. The initial meeting of the Airport Environs Planning
Commission must be held within forty-five days of the effective
date of this section.
(4)
By January 31, 1996, the Airport Environs Planning
Commission shall develop a uniform land use plan and uniform
building performance standards for the airport environs area,
submit them for review and comment to the governing body of each
political subdivision represented on the Airport Environs
Planning Commission, as well as the South Carolina Department of
Commerce and the Federal Aviation Administration, conduct public
hearings pursuant to Article 3, Chapter 29, Title 6, on the
proposed uniform plan and standards. After receiving comments
and conducting hearings, the Airport Environs Planning
Commission shall adopt a land use plan and building performance
standards to be effective throughout the airport environs area
and enforced fully and without amendment by each political
subdivision represented on the Airport Environs Planning
Commission. The Airport Environs Planning Commission, by
majority of all voting members, may extend the January 31, 1996,
deadline for a reasonable period of time not to exceed beyond
March 31, 1996, for the completion of these tasks. Each
political subdivision shall enforce the uniform plan and
standards as an 'overlay zone', identifying areas subject to
regulation which are supplementary to the existing regulations
of that political subdivision, or as new or superseding
provisions to that political subdivision's ordinances. If there
is a conflict between the provisions adopted by the Airport
Environs Planning Commission under this section or regulations
of a political subdivision applicable to the airport environs
area, then the provisions adopted by the Airport Environs
Planning Commission under this section shall govern. If a
uniform land use plan or uniform building performance standards
are not developed by the Airport Environs Planning Commission in
the manner provided in this section, any of the entities
represented on the Airport Environs Planning Commission may file
an action for relief, including mandamus or injunctive relief,
in the circuit court for Greenville or Spartanburg County, to
require adoption of the plan or standards, or both, as directed
by this section. Such an action must be brought within sixty
days of the deadline as set forth above.
(5)
The Airport Environs Planning Commission shall organize
itself, electing one of its members as chairman and one of its
members as vice chairman, whose terms must be for two years. It
shall appoint a secretary, who may or may not be a member, but
who must be a representative or employee of the Airport
District. The secretary shall give notice of all meetings to
all members of the Airport Environs Planning Commission at least
three business days prior to the meeting.
(6)
The Airport Environs Planning Commission shall provide for
the keeping of minutes of its proceedings which shall be a
public record. A majority of the voting members of the Airport
Environs Planning Commission shall constitute a quorum. A
quorum shall be present before any business is conducted, other
than the rescheduling of the meeting. A member must be present
to vote. All decisions shall be by majority vote of the members
present and voting. The Airport Environs Planning Commission,
as it considers appropriate, may utilize committees and
subcommittees. The general administrative expenses of the
Airport Environs Planning Commission shall be borne by the
Greenville-Spartanburg Airport District. A budget for such
expenses shall be developed by the Airport Environs Planning
Commission to include anticipated costs for consultants.
(7)
The Airport Environs Planning Commission is subject to the
provisions of the Freedom of Information Act as contained in
Chapter 4, Title 30.
(8)
The Airport Environs Planning Commission shall work with
the Greenville and Spartanburg County Planning Commissions and
the planning commission of each affected municipality in the
performance of its duties as outlined in item (4) of this
subsection. The costs of the services of consultants and
advisors, other than provided for in the budget, rendered to the
Airport Environs Planning Commission at the request of a
specific member must be borne by that member unless otherwise
approved by the Airport Environs Planning Commission.
(9)
In developing the uniform land use plan and uniform
building standards, the Airport Environs Planning Commission
shall specifically address, among other items, the following
specific issues:
(a)
the providing of record notice to property owners of the
fact that their property is within the airport environs area;
(b)
density criteria for the airport environs area;
(c)
sound abatement permit and building criteria;
(d)
incompatible use criteria and definition for the airport
environs area;
(e)
height restriction criteria;
(f)
lighting hazard criteria within the airport environs area;
(g)
applicable FAA and state regulations for airport
activities and operations;
(h)
a method by which landowners may seek variances or
exemptions from the plans or standards by executing in
recordable form aviation or avigation easements,
releases, or other appropriate documentation in a form approved
by the Airport Environs Planning Commission;
(i)
application and review processes for
building permits;
(j)
the providing of ongoing notice to
the Airport Environs Planning Commission and each of its members
of pending zoning or permitting requests and other actions in
the affected counties and municipalities to assure that each
member has notice and the opportunity to be heard with respect
to such actions;
(k)
enforcement and penalty provisions, including injunctive
relief;
(l)
the utilization of fees to be imposed to defray costs for
services and attendant expenses involved in the administration
of the regulations;
(m)
the development of uniform standards for regulating
nonconforming uses; and
(n)
the uses in the airport environs area and the sub-area
based on future projected uses of the airport which are not
compatible and should not be permitted, which are basically
incompatible and should be discouraged, and which are generally
compatible with some limitations or restrictions. Such
determination shall take into account the public safety and
public welfare findings set forth in Section 1 hereof. Such
determinations are to conform to and be consistent with noise
and overflight zone-compatible land use recommendations of
federal and state authorities, including specifically policies
established by the United States Air Force pursuant to DODINST
4165.57 Air Installation Compatible Use Zone (A1CUZ), the uses
recommended in the 1993 Greenville-Spartanburg Development Plan
adopted by the county planning commissions, and the South
Carolina Department of Commerce, Aviation Division.
(10)
Following the adoption of the uniform land use plan and
uniform building and performance standards by the Airport
Environs Planning Commission, each political subdivision is
responsible for the implementation and administration of the
uniform provisions within its jurisdiction, including all
administrative costs incurred in connection therewith. The
district shall pay for any exceptional administrative costs
determined by the Airport Environs Planning Commission, and
agreed to by the district, to be direct and reasonable costs
resulting from any special task required in the administration
of the uniform plan and building performance standards.
Additionally, the district shall pay for the reasonable
administrative expenses involved in the monitoring activities
described in subitem (c) of item (3) item
(3)(c) of this subsection. The Airport Environs Planning
Commission shall meet at least annually to review the
administration of the uniform plan and building performance
standards by the member bodies, to consider issues which may
require modifications or additions to the uniform provisions, to
recommend appropriate studies to evaluate the effectiveness of
the objectives of the uniform provisions, to consider future
activities of the district and the impact of the same upon the
airport environs area, and conduct such other business as may be
appropriate. Based upon these activities, the Airport Environs
Planning Commission may determine a need for amendments to the
uniform provisions. Amendments shall be made in accord with the
same uniform provisions on conducting hearings and submitting
for review and comments for the initial uniform land use plan
and uniform building performance standards.
(11)(a)
In connection with the administration of the uniform
provisions by any member political subdivision, the Airport
Environs Planning Commission as a whole or any of its member
bodies individually or collectively, including the district,
have standing to appear and support or oppose the proposed
action of the particular political subdivision involved and have
the same standing to appeal this action as the affected
political subdivision or the affected landowner would have under
Article 5, Chapter 29, Title 6.
(b)
Affected property owners or other aggrieved parties have
the same standing to appeal rights with respect to a decision by
a member political subdivision pursuant to its administration of
the uniform provisions as property owners or aggrieved parties
have in accordance with the appeal processes provided in Article
5, Chapter 29, Title 6.
(12)
A lawful use which exists on the date of adoption by the
Airport Environs Planning Commission of the uniform provisions
required by this section and which is inconsistent with the
provisions of the uniform land use plan or uniform performance
building standards is exempt from the uniform provisions, and
any regulation created by these uniform provisions may not
require the removal or alteration of any structure that, as it
exists when the uniform provisions are adopted, did not conform
to that regulation.
(13)
All costs, fees, or awards, or any combination of these,
arising from or as a result of any action of the Airport
Environs Planning Commission or the enforcement of the uniform
provisions enacted pursuant to this section in excess of any
state or federal funds received to defray such costs, fees, or
awards must be borne by the counties in which the
Greenville-Spartanburg Airport District is located; provided,
however, any municipality or county administering the
comprehensive land use plan and uniform buildings standards
adopted by the Airport Environs Planning Commission is only
liable for any costs, fees, or awards arising from their
ministerial acts.
(C) The provisions of
this section do not apply to dwellings or other buildings which
are damaged or destroyed and which are subsequently repaired or
rebuilt.
Section 55-11-310. The territory embraced by the counties of Richland and Lexington is hereby constituted an airport district and a political subdivision of this State, the functions of which shall be public and governmental, and the inhabitants of the territory are hereby constituted a body politic and corporate. The corporate name of the airport district shall be Richland-Lexington Airport District, and by that name the airport district may sue and be sued.
Section 55-11-320. The corporate powers and duties of the Richland-Lexington Airport District must be exercised and performed by a commission to be known as Richland-Lexington Airport Commission. The commission must be composed of twelve members to be appointed by the Governor as follows: five members must be appointed upon the recommendation of a majority of the Lexington County Legislative Delegation, five members must be appointed upon the recommendation of a majority of the Richland County Legislative Delegation, and two members must be appointed upon the recommendation of the City Council of the City of Columbia. The members of the commission shall serve for terms of four years and until their successors are appointed and qualify. Members may not serve more than two consecutive terms. A member serving on July 1, 1994, may serve until the expiration of the term for which he was elected and may serve two additional terms. In the event of a vacancy for any reason, other than the expiration of a term, a successor must be appointed in the same manner of the original appointment for the balance of the unexpired term. Any member may be removed by the appointing authority for neglect of duty, misconduct, or malfeasance in office after being given a written statement of reasons and an opportunity to be heard. Notwithstanding the expiration of the term of office of any member, he shall continue to serve until his successor shall have been recommended, appointed, and qualified, but any delay in appointing a successor shall not extend the term of such successor. The members of the commission shall serve without compensation, except for their actual and necessary expenses while in performance of duties prescribed under this article.
Section 55-11-330. The
commission shall appoint one of its members as chairman, one of
its members as vice chairman, and one of its members, or any
other competent person, as secretary of the commission. The
chairman of the commission shall serve for a term of two years
and until his successor is appointed and qualified. The vice
chairman shall likewise serve for a term of two years and until
his successor is appointed and qualified. The office of
chairman of the commission must be rotated among the
representatives of the three constituent appointing public
bodies, appointed by majority vote of the commission, for a term
of two years. The frequency of serving as chairman of the
commission must be based upon, and substantially equivalent to,
the percentage that each public body's membership on the
commission is to the total membership of the commission. No
representative of the same public body may be appointed chairman
unless there has been at least one full two-year intervening
term in which a representative of one of the other public bodies
has served as chairman. In the event that the office of
chairman becomes vacant, the duties of the chairman must be
temporarily performed by the vice chairman, but a successor must
be appointed as expeditiously as possible from the members
representing the same constituent public body as did the former
chairman who failed to complete his term. Insofar as is
practicable, the same scheme of rotation must be applied to the
office of vice chairman, but the practice of rotating the office
of vice chairman may be dispensed with, if the commission, by a
two-thirds vote, finds that the rotation of this office is
impracticable. Office on the commission is deemed an office of
honor within the meaning of the provisions of Section 1A
of, Article 17 of the Constitution of
South Carolina. The term of the secretary of the commission
must be fixed by the commission.
Section 55-11-340.
There is hereby committed to the Commission the functions
of planning, establishing, developing, constructing, enlarging,
improving, maintaining, equipping, operating, regulating,
protecting and policing such airports and air navigation
facilities as shall be necessary to serve the people of the
Richland-Lexington Airport district and the public generally.
To this end, the commission shall be is
empowered:
(1) To have and enjoy
perpetual succession.
(2) To adopt, use and
alter a corporate seal.
(3) To make bylaws for
the management and regulation of its affairs, and to define a
quorum for its meetings, which shall require the presence of
at least four members a simple majority of
the total number of commissioners as provided by statute.
Adequate notification of all meetings and the time and place
shall be given to each member.
(4) To plan, establish,
develop, construct, enlarge, improve, maintain (which term shall
include, here as hereafter, the power to establish a reasonable
reserve for maintenance), equip, operate, regulate, protect and
police its airports and air navigation facilities under such
reasonable rules and regulations as the commission may from time
to time promulgate.
(5) To maintain and
extend runways, terminals, maintenance shops, access roads,
utilities systems, concessions, accommodations, own and maintain
within the district postal facilities, and other facilities of
whatever nature or kind for the comfort and accommodation of air
travelers and air freight; to purchase and sell supplies, goods,
and commodities as an incident to the operation of its airport
facilities; and for all those purposes, the commission may, by
purchase, gift, devise, lease, eminent domain proceedings, or
otherwise, acquire, hold, develop, use, lease, mortgage, sell,
transfer, and dispose of any property, real or personal, or any
interest in it, including easements in or over land needed to
prevent airport hazards, or land outside the boundaries of its
airports and air navigation facilities necessary to permit the
removal, elimination, obstruction-marking or
obstruction-lighting of airport hazards, or to prevent the
establishment of airport hazards.
(6) To license, lease,
rent, sell or otherwise provide for the use of any of its
airport facilities, and facilities auxiliary thereto, including
the privilege of supplying goods, commodities, things, services
or facilities at such airport by itself or by any persons or
corporations qualified therefor, on such terms and conditions as
its discretion may dictate; provided, that in no case shall the
public be deprived of its rightful, equal, and uniform use of
its airports and air navigation facilities.
(7) For the purpose of
promoting the safety of its airports and for the general welfare
of air transportation the commission is empowered by regulation
to restrict the height of any building, structure or obstruction
including but not limited to towers, dwellings, trees, or any
other object which might constitute a hazard to air
transportation at its facilities within the area herein
described. The commission may by regulation restrict the
construction or erection of any building, structure or
obstruction on lands located on the projection of any runways of
its airport facilities at a height above a glide angle for
aircraft of fifty feet to one foot measured outward from the
boundaries of the end of any runway at said airport, for a
distance of up to ten thousand feet along a prolongation of the
center line of said runways and extending laterally from the
projection of said center lines of said runways from a distance
of one thousand feet each way at the airport boundary,
increasing to a lateral distance of four thousand feet each way
from the center of any runway at a distance of ten thousand feet
from the boundary of said the airport.
It may also also
may by regulation restrict the erection of any building or
other type construction of any nature whatsoever on lands
adjacent to its air transport facilities at any point adjacent
to them, not covered by the preceding paragraphs, at a height
above a glide angle for aircraft of fifteen feet to one foot,
measured outward from the boundaries of any such air facilities
for a distance of twenty-five hundred feet.
The commission shall if it shall undertake
to adopt regulations prohibiting such construction, conduct a
public hearing prior to taking action of their own. Notice of
such public meeting shall be published in a newspaper of general
circulation within the district not less than seven days prior
to the occasion fixed for the holding of such meeting. Such
notice shall state the time and place of the meeting and shall
briefly indicate the scope of the proposed regulation. At such
public meeting all persons affected by the proposed regulation
shall be entitled to appear and to be heard. If following such
a meeting the regulation restricting the erection of any such
buildings or structures as was herein described is adopted,
notice of the adoption of the regulation shall be given by
filing a certified copy thereof in the office of the Clerk of
Court for Richland County and in the office of the Clerk of
Court for Lexington County and additional copies shall be posted
in the Courthouse for Richland County and in the Courthouse for
Lexington County and in at least two public places within the
district; and notice of the adoption of such regulations shall
be published at least once during each of three successive weeks
in a newspaper published in and having general circulation in
the district. Such regulations shall become effective only
after the foregoing shall have been done.
The commission is expressly authorized to
apply to any court of general jurisdiction within the district
for the enforcement of such regulations through the means of
mandatory injunctions and other remedial proceedings and such
courts are specifically empowered to render mandatory
injunctions and such other remedial orders as shall appear to
such courts to be just and reasonable.
The provisions of this paragraph item
(7) are hereby declared separable from the remaining provisions
of this article and the invalidity hereof shall not affect or
extend to the remaining provisions of this article.
(8) To place in effect,
and, from time to time, revise such schedules of licenses,
rates, and charges for the use of its facilities as may be
necessary or desirable to the orderly operation of its airport
facilities, provided, that all such licenses, rates and charges
shall be reasonable and nondiscriminatory; provided, further,
that the provisions of this section shall not be construed to be
in conflict with the provisions of paragraph
item (6), supra, which authorize the leasing of land and
buildings auxiliary to its airport facilities.
(9) To exercise the
power of eminent domain for any corporate function. The power
of eminent domain may be exercised through any procedure
prescribed by Section 28-9-10 through Section 28-9-110. All
powers conferred on municipalities under such provisions are
conferred hereby on the Richland-Lexington Airport Commission.
(10) To appoint
officers, agents, employees and servants, and to prescribe the
duties of such, including the right to appoint persons charged
with the duty of enforcing the rules and regulations promulgated
pursuant to the provisions of this article, to fix their
compensation, and to determine if, and to what extent they shall
be bonded for the faithful performance of their duties.
(11) To employ
engineers, architects and attorneys, and to contract for such
other services of a technical or professional nature as may be
necessary or desirable to the performance of the duties of the
commission.
(12) To make contracts
for the construction, erection, maintenance and repair of the
facilities in its charge, by competitive bidding, after
ten days published notice, if such contracts are in excess of
ten thousand dollars; if the contracts are less than ten
thousand dollars, then to enter into such contracts without
competitive bids according to the provisions of the
district's procurement manual, or another procedure prescribed
by law.
(13) To deposit monies
derived from the sale of any bonds authorized to be issued under
the provisions of this article or from revenue-producing
facilities in any bank or trust company having an office within
the district, and to withdraw the same for the purpose of
operating, maintaining, constructing, improving and extending
any facility in its charge.
(14) To apply for,
accept, receive, receipt for, disburse, and expend Federal,
State, county, or municipal monies and other monies, public or
private, made available by grant or loan, or both, to
accomplish, in whole or in part, any of the purposes of this
article, and to this end, to continue to prosecute any
application heretofore filed with the Federal Aviation Agency,
or any other Federal agency, by the City of Columbia, and to pay
from the funds of the district any costs hereafter incurred for
any services rendered, since the date the application was filed,
in connection with the procuring or processing of the
application which is found by the commission to legitimately
inure to the benefit of the Richland-Lexington Airport District.
All Federal monies accepted under this section shall be
accepted and expended by the commission upon such terms and
conditions as are prescribed by the United States, and as are
consistent with State law; and all other monies accepted under
this section shall be accepted and expended by the commission
upon such terms and conditions as are prescribed by the State or
other sources thereof.
(15) To pay for any
services rendered for the benefit of the district from February
24, 1961 to July 9, 1973 which are found by the Commission to
legitimately inure to the benefit of the Richland-Lexington
Airport District.
(16) To accept
donations of all sorts, including a deed of conveyance by
Lexington County or and the City of
Columbia of its right, title, and interest in and to lands
intended to form the site of the airport facility to be
constructed by the district and to accept from the City of
Columbia a relinquishment of any leasehold interest or estate
now possessed by the City of Columbia.
(17) Invest the funds
or moneys monies in its possession,
eligible for investment, in the shares of any federal savings
and loan association or in the shares of any building and loan
association organized and existing under the laws of this State
when such shares are insured by the Federal Savings and Loan
Insurance Corporation.
(18) To issue under the
conditions prescribed in paragraph item
(20) of this section general obligation bonds of the district in
an amount not exceeding two million seven hundred thousand
dollars.
(19) In addition to the
powers given by paragraph item (18) of
this section, to borrow on behalf of the district money and to
make and issue negotiable bonds, notes, and other evidences of
indebtedness payable solely from the revenue derived from the
operation of any revenue-producing facility, or facilities, in
its charge. The sums borrowed may be those needed to pay costs
incident to the operation and maintenance of its airport
facilities or such sums as may be needed to pay the costs of any
extension, addition, or improvement to its airport facilities,
or both. If the method of financing authorized by this
paragraph item is used, neither the
faith and credit of the State of South Carolina, nor of any
county lying within the district, nor of the district itself
shall be pledged to the payment of the principal and interest of
the obligations, and there shall be on the face of such
obligation a statement, plainly worded, to that effect. Neither
the members of the commission nor any person signing the
obligations shall be personally liable thereon. In order that a
convenient procedure for borrowing money pursuant to this
paragraph may be prescribed, the district shall be fully
empowered to avail itself of all powers granted by Chapter 21,
Title 6, as now and hereafter amended, and Chapter 17, Title 6,
as now or hereafter amended. In exercising the powers conferred
upon the district by such code provisions, the district may make
all pledges and covenants authorized by any provision thereof,
and may confer upon the holders of its securities all rights and
liens authorized by such code provisions. Specifically and
notwithstanding contrary provisions in any such Code provisions,
the district may:
(a)
Provide that such bonds, notes, or other evidences of
indebtedness be payable, both as to principal and interest, from
the net revenues derived from the operation of any
revenue-producing facility or facilities, as such net revenues
may be defined by the Commission.
(b)
Covenant and agree that upon its being adjudged in default
as to the payment of any installment of principal and interest
upon any obligation issued by it or in default as to the
performance of any covenant or undertaking made by it, that in
such event the principal of all obligations of such issue may be
declared forthwith due and payable, notwithstanding that any of
them may not have then matured.
(c)
Confer upon a corporate trustee the power to make
disposition of the proceeds from all borrowings and also all
revenues derived from the operation of the revenue-producing
facility whose revenues are pledged for the payment of such
obligations, in accordance with and in the order of priority
prescribed by resolutions adopted by the commission as an
incident to the issuance of any notes, bonds, or other evidences
of indebtedness.
(d)
Dispose of its obligations at public or private sale and
upon such terms and conditions as it shall approve.
(e)
Make such provision for the redemption of any obligations
issued by it prior to their stated maturity, with or without a
premium, and on such terms and conditions as the Commission
shall approve.
(f)
Covenant and agree that any cushion fund established to
further secure the payment of principal and interest of any
obligation shall be in a fixed amount.
(g)
Covenant and agree that it will not enter into any
agreements with any person, firm, corporation, or with the
government of this State, the United States, or any of the
political subdivisions of the same for the furnishing of free
services where such services are ordinarily charged for.
(h)
Prescribe the procedure, if any, by which the terms of the
contract with the holders of its obligations may be amended, the
number of obligations whose holders must consent thereto, and
the manner in which such consent shall be given.
(i)
Prescribe the evidences of default
and conditions upon which all or any obligation shall become or
may be declared due before maturity and the terms and conditions
upon which such declaration and its consequences may be waived.
(20) The commission, on
behalf of the district, shall be empowered to issue not
exceeding two million seven hundred thousand dollars of general
obligation bonds of the district, whose proceeds shall be used
to defray the cost of constructing and establishing suitable
airport facilities within the district. For the purpose of this
section, the term 'construct and establish' shall embrace the
cost of direct construction, the cost of all land, property,
rights, easements, and franchises acquired (in addition to such
property as may be conveyed to the district by Lexington County
and the City of Columbia) which are deemed necessary for the
construction and use of runways, terminal buildings, maintenance
shops, freight depots, service establishments, and any and all
facilities incident, or in anywise appurtenant, to an airport
facility, and all machinery and equipment needed therefor,
payments to contractors, laborers, or others for work done or
material furnished, financing charges, interest incurred in
connection therewith, interest on the bonds herewith authorized
for not exceeding eighteen months, cost of engineering services,
architectural services, legal services, legal and engineering
expenses, plans, specifications, surveys, projections, drawings,
brochures, administrative expenses and such other expenses as
may be necessary or incident to the construction and operation
of an airport facility within the district, hereafter incurred,
for the purposes for which the district is created. All or any
general obligation bonds issued pursuant to this paragraph shall
conform to the following specifications and be subject to the
following procedures:
(a)
They shall be issued as a single issue, or from time to
time as several separate issues. They shall bear such date or
dates as the commission shall determine, and bonds of any issue
shall mature in such equal or unequal installments as may be
determined by the commission. They shall be made payable at
such place or places as the commission shall prescribe, and they
shall bear interest at such rate or rates, and shall be payable
in such manner as the commission may determine. The bonds may
be issued with the privilege of having them registered as to
principal on the books of the commission and the principal thus
made payable to the registered holder (unless the last
registered transfer shall have been to bearer), upon such
conditions as the commission may prescribe. Any bond issued
pursuant to this paragraph item may be
made subject to redemption prior to its stated maturity, on such
terms and conditions and with such redemption premium as the
commission shall prescribe.
(b)
They shall be sold at not less than par and accrued
interest to the date of their respective deliveries at public
sale. At least ten days prior to any sale, notice announcing
the intention to receive bids for sale of such bonds shall be
published in a newspaper of general circulation in the State of
South Carolina. In offering the bonds for sale, the commission
shall reserve the right to reject any and all bids, and if all
bids shall be rejected, the commission may negotiate privately
for the disposition of such bonds.
(c)
Such bonds and all interest to become due thereon shall
have the tax exempt status prescribed by Section 12-1-60.
(d)
All general obligation bonds issued pursuant to this
article shall be manually signed by the chairman of the
commission. The seal of the district shall be affixed to,
impressed or reproduced upon each of such bonds, and each of
such bonds shall be attested by the secretary of the commission.
The coupons attached to such bonds shall be authenticated by a
facsimile of the signatures of the chairman and the secretary of
the commission, who shall be in office on the date of the
adoption of the resolution of the commission authorizing the
bonds.
(e)
The delivery of any bonds so executed and authenticated
shall be valid notwithstanding any changes in officers or seal
occurring after such execution and authentication.
(f)
There shall be irrevocably pledged for the payment of such
bonds and interest as they mature the full faith, credit and
resources of the district. Until the principal and interest of
all bonds issued under this article shall be fully paid, there
shall be levied on all taxable property in the district an
annual tax ad valorem sufficient to pay the principal and
interest of all bonds issued under this article as such
principal and interest becomes due. The tax shall be annually
levied by the Comptroller General of South Carolina and
collected by the county treasurers of Richland and Lexington
Counties at the same time and in the same manner as county taxes
are collected. Each of the county treasurers shall collect the
tax in his county and pay the same to the State Treasurer in the
manner and within the time heretofore provided by law for the
payment of state taxes to the State Treasurer, who shall set
them apart in a special fund and apply them solely to the
payment of principal and interest of the bonds so long as any
such principal or interest remains outstanding. The tax to be
levied under the provisions of this paragraph
item shall not be substantially greater than the amount
necessary to pay principal and interest of bonds maturing during
the year in which moneys produced by such levy will come into
the hands of the State Treasurer, as reduced by the anticipated
balance of funds actually in the hands of the State Treasurer,
on the occasion when it becomes necessary to fix such tax levy,
produce by: (a) additional collections from such levies made in
prior years; (b) net revenues derived by the commission from the
operation of its facilities not required to meet costs of
operating, maintaining, enlarging and improving its facilities,
or to discharge covenants securing bonds issued pursuant to
paragraph item (19). When all principal
and interest of outstanding bonds have been paid, the State
Treasurer shall transfer any balance remaining in the special
fund created under the terms of this paragraph to the general
fund of the commission subject to its draft or order for any
legitimate purpose incident to the operation, maintenance or
extension of the district's airport facilities.
(g)
The proceeds derived from the sale of such bonds shall be
deposited with the Treasurer of the State of South Carolina in a
separate and special fund, and shall be subject to transfer,
upon warrants or orders of the commission, to any bank or trust
company having an office within the district, to be expended by
the commission for the purposes specified herein, and no others;
provided, however, that any premium received shall be
deposited with the Treasurer of the State of South Carolina and
applied by him to the first installment of principal becoming
due on the bonds, and any accrued interest received shall be
applied by the State Treasurer to the first installment of
interest becoming due on the bonds and provided, further,
pending such withdrawals, the Treasurer of South Carolina shall,
upon the request of the commission, be empowered to invest and
reinvest the proceeds derived from the sale of the bonds in
direct general obligations of the United States of America
having a maturity of not more than one year from the date as of
which such investment shall be made. Income derived from such
investments shall be applied to the payment of any interest to
accrue on the general obligation bonds of the district. Neither
the purchaser of the bonds nor any subsequent holders thereof
shall be responsible for the proper application of the proceeds
of sales.
(21) Do all other acts
and things necessary or convenient to carry out any function or
power committed or granted to the district.
Section 55-11-350. The Richland-Lexington
Airport Commission is authorized to adopt and
promulgate rules and promulgate regulations
governing the use of roads, streets, and buildings,
and parking facilities, and all other
airport faculties upon the lands of the Richland-Lexington
Airport Commission. Such rules and regulations shall not be in
conflict with any State law and all State laws are hereby
declared to be applicable to the roads, streets and parking
facilities under the control of the commission. The rules and
regulations authorized herein shall be effective when filed with
the Director of the Columbia Metropolitan Airport and in
accordance with Section 1-1-210.
The Richland-Lexington Airport Commission
is authorized to employ police officers to be commissioned by
the Governor who shall enforce all laws, rules and regulations
authorized herein and shall, in addition, have authority to
issue summonses for violations thereof in the manner provided
for South Carolina State Highway Patrolmen.
Persons violating any of the applicable
laws within a magistrate's jurisdiction or any of the rules or
regulations of the commission shall be tried by magistrates
having jurisdiction of the area in which the violation occurred.
Any A person
violating the provisions of any of the rules and
regulations rule or regulation of the
Commission shall be commission is
deemed guilty of a misdemeanor and, upon
conviction, fined not more than one hundred dollars or
be imprisoned for not more than thirty days must be
sentenced not more than the maximum fine or imprisonment allowed
in magistrates court.
All fines and forfeitures collected under
the provisions of this article shall be forwarded weekly to the
Richland-Lexington Airport Commission by the enforcing
magistrate, to be credited to the general operating fund of the
district.
Notwithstanding the provisions of this
section, any public road, street, or highway located in the
Richland-Lexington Airport District which is contiguous to or
intersects the corporate limits of a municipality is within the
police jurisdiction of that municipality. Summonses issued by
municipal police officers in the jurisdiction authorized
pursuant to this paragraph section must
be tried in municipal court, and all fines and forfeitures
collected under the provisions of this paragraph may be retained
by the enforcing municipality.
Section 55-11-351.
It is unlawful for a person or group of
persons wilfully and knowingly to:
(1) enter
or remain on an airport's roads, streets, buildings parking
facilities, or other airport properties unless the person is
authorized by airport rules and regulations when entry is done
for the purpose of uttering loud, threatening, and abusive
language, or to engage in disorderly or disruptive conduct with
the intent to impede, disrupt or disturb the orderly conduct of
business by airport or airport tenants' employees;
(2)
obstruct or impede passage on an airport's
properties or buildings; or
(3)
engage in an act of physical violence upon airport
properties or buildings.
Section 55-11-355. No property of the Richland-Lexington Airport District is a barrier to the contiguity requirements for the purposes of annexation. Any municipality which is contiguous to property owned by the district may annex, as provided by law, any property contiguous to the district.
Section 55-11-360. All
revenues derived by the commission from the operation of any
revenue-producing facility which may not be required to operate,
maintain, enlarge and improve its airport facilities, or to pay
obligations incurred in the issuance of any revenue bonds sold
pursuant to the authorizations of paragraph
item (19), Section 55-11-340, shall be paid over to the
State Treasurer, and held by him for the payment of interest and
principal of general obligation bonds of the district.
Section 55-11-370. The rates charged for services furnished by any revenue-producing facility of the district as constructed, improved, enlarged or extended, shall not be subject to supervision or regulation of any State bureau, commission, board or other like instrumentality or agency thereof.
Section 55-11-380. Property and income of the district shall be exempt from all taxes levied by the State, county or any municipality, division, subdivision or agency thereof, direct or indirect.
Section 55-11-390. So long as the district shall be indebted to any person, firm or corporation on any bonds, notes, or other obligations issued pursuant to the authority of this article, provisions of this article and the powers granted to the district and the commission shall not be in any way diminished and the provisions of this article shall be deemed a part of the contract between the district and the holders of such obligations.
Section 55-11-400. The governing body of the county of Richland and the governing body of the county of Lexington are hereby authorized and directed to make, execute and deliver a contract, each with the other, agreeing to pay to the Richland-Lexington Airport Commission, in equal amounts, the funds necessary to meet the annual operating deficit, if any, of the Richland-Lexington Airport Commission or to provide for the commission sufficient funds to prevent any such deficit from arising by annual equal payments to the Commission's anticipated budget.
Section 55-11-410.
There shall be provided in the annual act levying taxes
for county purposes by Richland County and Lexington County
appropriations sufficient to carry out the provisions of Section
55-11-400.
In the event that the County of Richland or
the County of Lexington, or either of them, should fail or
refuse to make any such contract, or if such contract should be
made and there should be a default thereunder, and for either of
such reasons or for any other reason the County of Richland or
the County of Lexington should fail to provide its one-half
share of the operating deficit, the Comptroller General of the
State of South Carolina is authorized and directed to withhold
from the moneys monies to be received by
the County of Richland or the County of Lexington, as the case
may be, from the annual distribution made by the State of South
Carolina to counties and municipalities from its receipts from
the taxes levied by the State of South Carolina on alcoholic
beverages, beer and wine, and on personal and corporate income
an amount sufficient to pay such share or shares of the
operating deficit.
Section 55-11-420. The provisions of this article shall not prohibit the operation of any public or private airport located within the district by any other public agency or governmental authority, or by any private agency or person.
Section 55-11-500. As
used in this article:
(a) An 'air carrier hub
terminal facility' is an airport terminal facility from which an
air carrier certified or licensed by the Federal Aviation
Administration, within five years from the date of issuance of
the obligations described in this article, operates either:
(1)
at least twenty common carrier departing flights a day on
which the general public may fly seven days a week, fifty-two
weeks a year. No less than seventy percent of all seats on
these aircraft arriving at or departing from an air carrier
terminal facility must be on jet aircraft capable of carrying at
least one hundred passengers on each flight;
(2)
at least twenty common carrier departing flights a week on
an annual basis for the purposes of transporting cargo and air
freight; or
(3)
irrespective of the number of flights, two or more
specially equipped planes that are:
(i)
used for the transportation of specialized cargo; and
(ii)
subject to ad valorem property taxation or a fee in lieu
of taxes in this State.
(b) An
air carrier is a corporation licensed
by the Federal Aviation Administration with a certificate of
public convenience and necessity or an operating certificate
under other applicable federal law or pertinent regulations
which operates aircraft to or from an air carrier hub terminal
facility as defined in this section.
(c) 'Board' means the
State Budget and Control Board.
(d) 'Bonds' mean
general obligation bonds of this State.
(e) 'Secretary'
means the Secretary of the Department of Commerce
'Executive Director' is defined in Section 55-1-5(9).
Section 55-11-505. The term 'air carrier hub terminal facility' includes an economic development project as defined in Section 11-41-30(2) that is functionally related to a facility satisfying one of the criteria in Section 55-11-500(a).
Section 55-11-510. (A)
A special purpose district or political
subdivision of the State may petition the State for assistance
hereunder. Upon receipt of such a petition, the State, from the
proceeds of the sale of bonds authorized by Section 55-11-520,
is authorized to pay a portion or all of the costs of any
insurance required to guarantee the payment of, or any credit
enhancement facility utilized in connection with, obligations
issued or to be issued by a special purpose district or other
political subdivision of this State, for the purposes of
acquiring land for and constructing and equipping air carrier
hub terminal facilities; except that the amount of fees paid by
the State to purchase this insurance or other credit enhancement
facility must not exceed one and one-half percent of the
principal plus all interest payable on obligations issued by a
special purpose district or other political subdivision of this
State. The cost of this insurance or other credit enhancement
facility may be paid by the State directly to the provider of
it, or by way of reimbursement to the special purpose district
or political subdivision.
(B) In addition, after
review by the Joint Bond Review Committee, the board may
allocate bond proceeds for the purposes authorized in Section
55-11-520 to match on a dollar-for-dollar basis, local funds
expended for the purposes authorized in Section 55-11-520 by any
special purpose district or other political subdivision of this
State. Local funds may include user fees and other monies made
available by the special purpose district or political
subdivision, but may not include federal grants made available
to the special purpose district or other political subdivision
for runway construction.
Section 55-11-520. (A)
Pursuant to the provisions of subsection
6(c), Section 13, Article 10 X of the
Constitution of this State, in order to provide funds to pay a
portion of the costs of (1) acquiring land, (2) constructing,
enlarging, improving, extending, renovating, and equipping
suitable air carrier hub terminal facilities to be located in
this State, (3) purchasing equipment, ground support equipment,
machinery, special tools, maintenance, boarding facilities, and
any and all additional necessary real or personal property for
the operation of air carrier hub terminal facilities, and (4) if
petitioned by a special purpose district or other political
subdivision of the State, to pay a portion or all of the costs
described in Section 55-11-510, not exceeding fifty million
dollars of general obligation bonds of this State, to be
outstanding at any time may be issued in the manner provided in
this article and by law.
(B) A request that
bonds be issued pursuant to this article must be accompanied by
a binding contract with either an air carrier or the principal
user of the air carrier hub terminal facilities to be financed
with the issuance of the obligations described in this article,
committing the entity to use the air carrier hub terminal
facility for a period of five years or the period of time needed
to retire any indebtedness incurred to construct the air carrier
hub terminal facility, whichever is less. Upon receipt of a
certified copy of the executed contract, the
secretary executive director shall
consider the entity's financial ability, willingness, and
commitment to serve this State and other factors considered
relevant by the secretary executive
director. If the secretary executive
director determines that it is in the best interest of this
State for the State to provide or to assist in the providing of
suitable air carrier hub terminal facilities, the
secretary executive director shall
recommend that the board consider approving the issuance of
bonds of this State for the purposes authorized in this article
and shall forward his written approval and request to the Joint
Bond Review Committee and the board. The approval and request
must be accompanied by a certificate of the
secretary executive director
establishing:
(1)
the maximum principal amount of the bonds then requested
to be authorized;
(2)
a description of the infrastructure for which the bonds
are to be issued, including a certification from the
secretary executive director that the
facility is an air carrier hub terminal facility as defined in
Section 55-11-500(a);
(3)
a tentative time schedule for the time during which the
sum requested is to be expended; and
(4)
the then-outstanding principal amount of, and the debt
service requirements for, all bonds previously issued pursuant
to this section.
(C) Following the
receipt of the approval and request described in subsection (B),
and after approval by the Joint Bond Review Committee, the board
may approve the issuance of bonds pursuant to this article. In
connection with the approval, the board shall adopt a resolution
setting the terms and conditions for the execution, sale,
delivery, interest payments, maturities, and redemption of the
bonds. For the payment of the principal and interest on all
bonds issued and outstanding pursuant to this article, there is
pledged the full faith, credit, and taxing power of the State of
South Carolina, and in accordance with the provisions of
paragraph subsection (4)
of, Article X, Section 13, of the
South Carolina Constitution, the General Assembly hereby
allocates on an annual basis sufficient tax revenues to provide
for the punctual payment of the principal and interest on the
bonds authorized by this article.
Section 55-11-610. The territory of the counties of Florence, Marion, and Dillon is constituted an airport district and a political subdivision of this State, the functions of which are public and governmental and the inhabitants of the territory are constituted a body politic and corporate. The corporate name of the airport district is the Pee Dee Regional Airport District, and by that name the airport district may sue and be sued.
Section 55-11-620. The corporate powers and duties of the Pee Dee Regional Airport District must be exercised and performed by an authority to be known as the Pee Dee Regional Airport Authority which consists of nine members. Two members must be residents of the City of Florence appointed by the Governor upon recommendation of the Florence City Council. Three members must be residents of the County of Florence appointed by the Governor on the recommendation of the Florence County Council. Two members must be residents of each of the counties of Marion and Dillon appointed by the Governor on the recommendation of the respective county councils. Terms of office are for four years, except that of those initially appointed one member from each of the three counties must be appointed for two-year terms. No member shall serve more than two four-year terms. All members shall serve until their successors are appointed and qualify. Vacancies on the authority must be filled in the manner of their original appointment for the unexpired term. The authority shall elect its own officers with terms and duties as determined by the authority. The members of the authority must be compensated at the per diem rate of fifty dollars a meeting, not to exceed twelve meetings a year until such time as the amount is increased by the councils of the counties.
Section 55-11-630.
(A) The authority
shall perform the functions of planning, establishing,
developing, constructing, enlarging, improving, maintaining,
equipping, operating, regulating, protecting, and policing such
airports, air navigation, railroad, and other facilities as are
necessary to serve the people of the district and the public
generally. The authority may:
(1) have and enjoy
perpetual succession;
(2) adopt, use, and
alter a corporate seal;
(3) make bylaws for the
management and regulation of its affairs, and define a quorum
for its meetings, and appoint such subcommittees as it considers
appropriate from within and without the authority to advise the
authority;
(4) plan, establish,
develop, construct, enlarge, improve, maintain, including the
power to establish a reasonable reserve for maintenance, equip,
operate, regulate, protect, and police its airports and air
navigation facilities under such reasonable regulations as the
authority may promulgate;
(5) construct,
maintain, and extend runways, terminals, maintenance shops,
access roads, parking facilities, utilities systems,
concessions, accommodations, and other facilities of whatever
nature or kind for the comfort and accommodation of air
travelers and air freight; purchase and sell supplies, goods,
and commodities as an incident to the operation of its airport
facilities; and for all these purposes, the authority may, by
purchase, gift, devise, lease, eminent domain proceedings, or
otherwise, acquire, hold, develop, and use, as well as lease,
mortgage, sell, transfer, and dispose of any property, real or
personal, or any interest in it, including easements in or over
land needed to prevent airport hazards, or land outside the
boundaries of its airports and air navigation facilities
necessary to permit the removal, elimination,
obstruction-marking, or obstruction-lighting of airport hazards,
or to prevent the establishment of airport hazards. However,
the authority may not dispose of any interest in real property
without first notifying the chairman of each of the governing
bodies of Florence, Marion, and Dillon counties and conducting a
public hearing which hearing must be advertised not less than
seven days before the hearing in a newspaper or newspapers of
general circulation in the district. For the purpose of this
article, utilities systems means only facilities for the
connection with and the provision of water or sewer services by
the water and sewer systems of the City of Florence, its
successors, and assigns;
(6) license, lease,
sublease, rent, sell, or otherwise provide for the use of any
real or personal property of its airport facilities or of
facilities auxiliary to it, including the privilege of supplying
goods, commodities, things, services, or facilities at the
airport by itself or by any qualified persons or corporations,
on terms and conditions as its discretion may dictate. The
public may not be deprived of its rightful, equal, and uniform
use of its airports and air navigation facilities;
(7)(a) promulgate
regulations pursuant to and in accordance with Section
55-9-240 55-9-250 and Federal Aviation
Regulations, Part 77;
(b)
apply to any court of general jurisdiction within the
district for the enforcement of the regulation through the means
of mandatory injunctions and other remedial proceedings, and
these courts are specifically empowered to render mandatory
injunctions and other remedial orders as it appears to them to
be just and reasonable;
(8) exercise the power
of eminent domain for any corporate function through procedure
prescribed in Chapter 2 of, Title 28;
(9) appoint officers,
agents, employees, and servants and prescribe the duties of
them, including the right to appoint persons charged with the
duty of enforcing the regulations promulgated pursuant to the
provisions of this article, fix their compensation, and
determine if, and to what extent, they must be bonded for the
faithful performance of their duties;
(10) employ or contract
for services of a technical or professional nature as may be
necessary or desirable to the performance of the duties of the
authority;
(11) contract for the
construction, erection, maintenance, and repair of the
facilities in its charge, through any procedure prescribed by
law;
(12) acquire,
construct, maintain, equip, and operate connecting, switching,
terminal, or other railroads. The term 'railroad' includes, but
is not limited to, tracks, spurs, switches, terminal, terminal
facilities, road beds, rights-of-way rights
of way, bridges, stations, railroad cars, locomotives, or
other vehicles constructed for operation over railroad tracks,
crossing signs, lights, signals, storage, administration, and
repair buildings, and all structures and equipment which are
necessary for the operation of a railroad; and
(13) develop all of the
lands leased by, subleased by, owned by, or under the
jurisdiction of the authority.
Section 55-11-635. (A)
For the fiscal year beginning July 1, 1998,
the governing bodies of Florence, Marion, and Dillon Counties
shall fund for the authority and its purposes an amount equal to
one dollar per capita for each person in that county.
Thereafter the amount shall equal sixty cents per capita.
(B) Beginning with the
fiscal year beginning July 1, 1999, the appropriation set forth
above may be increased by request of the authority upon approval
by ordinance of the county councils of the three counties.
Section 55-11-640. (A)
The authority is authorized to adopt and
promulgate regulations governing the use of roads, streets, and
parking facilities upon the lands leased by, subleased by, owned
by, or under the jurisdiction of the authority. All state laws
are declared to be applicable to the roads, streets, and parking
facilities under the control of the authority.
(B) The authority may
employ police officers to be commissioned by the Governor who
shall enforce all laws and regulations authorized under the
provisions of this article and, in addition, shall have
authority to issue summonses for violations of them in the
manner provided for South Carolina State Highway Patrolmen.
(C) Persons violating
any of the applicable laws within a magistrate's jurisdiction or
any of the regulations of the authority must be tried by
magistrates having jurisdiction of the area in which the
violation occurred.
(D) Any person
violating the provisions of any of the regulations of the
authority is guilty of a misdemeanor and, upon conviction, must
be fined not more than two hundred dollars or imprisoned for not
more than thirty days.
(E) All fines and
forfeitures collected under the provisions of this article must
be forwarded to the authority to be credited to the general
operating fund of the county where the final disposition of the
case is made.
Section 55-11-650. (A)
For the purpose of this article, the
authority may:
(1)
deposit monies derived from the sale of bonds authorized
to be issued under the provisions of this article or from
revenue-producing facilities in any bank or trust company having
an office within the district and to withdraw them for the
purpose of operating, maintaining, constructing, improving, and
extending any facility in its charge.
(2)
apply for, accept, receive, receipt for, disburse, and
expend federal, state, county, or municipal monies and other
monies, public or private, made available by grant or loan, or
both, to accomplish, in whole or in part, any of the purposes of
this article, and, to this end, to continue to prosecute any
application previously filed with the Federal Aviation Agency,
or any other federal agency, by the Florence City-County Airport
Commission, and to pay from the funds of the district any costs
incurred for any services rendered since the date the
application was filed in connection with the procuring or
processing of the application which is found by the authority to
legitimately inure to the benefit of the district. All federal
monies accepted under this section must be accepted and expended
by the authority upon those terms and conditions prescribed by
the United States and consistent with state law. All other
monies accepted under this section must be accepted and expended
by the authority upon the terms and conditions prescribed by the
State or other sources.
(3)
accept donations of all sorts, including a deed of
conveyance by any landowners of the landowner's right, title,
and interest in and to lands within the district, and to accept
relinquishments of any leasehold interest or estate now
possessed by the City or County of Florence on or in lands or
property on airport property.
(B) The district may
issue negotiable bonds, notes, and other evidences of
indebtedness payable solely from the gross revenues or net
revenues derived from the operation of any revenue-producing
facility, or facilities, in its charge. The sums borrowed may
be those needed to pay the costs of any extension, addition, or
improvement to its airport facility. The proceeds of the bonds
may, in addition, be used to refund any bonds issued under the
provisions of this article, to pay interest during the estimated
construction period of the project being financed, to fund any
necessary reserves for the bonds, to purchase any necessary
credit enhancement for the bonds, and to pay costs of issuance
of the bonds. If the method of financing authorized by this
subsection is used, neither the faith and credit of the State of
South Carolina, nor of any county lying within the district, nor
of the district itself, may be pledged to the payment of the
principal and interest of the obligations, and there must be on
the face of the obligation a statement, plainly worded, to that
effect. Neither the members of the authority nor any person
signing the obligations are personally liable on them. In order
that a convenient procedure for borrowing money pursuant to this
subsection may be prescribed, the authority may use the
provisions of Chapter 21, Title 6 and Chapter 17, Title 6. In
exercising the powers conferred upon the district by those code
provisions, the authority may make all pledges and covenants
authorized by the provisions of them and may confer upon the
holders of its securities all rights and liens authorized by
these code provisions. Specifically, and notwithstanding
contrary provisions in those code provisions, the district may:
(1)
provide that the bonds, notes, or other evidences of
indebtedness are payable, both as to principal and interest,
from the gross revenues or net revenues derived from the
operation of any revenue-producing facility or facilities, as
the gross revenues or net revenues may be defined by the
authority, and to impose a lien upon the facilities, the
revenues of which are pledged to the payment of the bonds
enforceable to the same extent and in the same manner as the
statutory lien described in Sections 6-21-330 through 6-21-360;
(2)
provide that the bonds must be issued as serial or term
bonds, maturing in equal or unequal amounts, at such times and
on occasions as the authority determines. They must bear such
rates of interest, payable on such occasion, as the authority
prescribes, and the bonds are in such denominations, are payable
in such medium of payment, and at such place as the authority
prescribes. All bonds may be issued with a provision permitting
their redemption prior to their respective maturities. Bonds
made subject to redemption before their stated maturities may
contain a provision requiring the payment of a premium for the
privilege of exercising the right of redemption, in such amount
or amounts as the authority prescribes. All bonds that are
subject to redemption must contain a statement to that effect on
the face of each bond. The resolution authorizing their
issuance must contain provisions specifying the manner of call
and the notice of call that must be given. Notwithstanding
anything in this chapter to the contrary, the authority may
issue bonds which, in lieu of paying current interest
periodically, pay an accreted value at maturity;
(3)
authorize the officer or officers of the authority to
execute the bonds, by manual or facsimile signature, as the
authority considers necessary; bonds may be in the form of
registered bonds or may be issued in coupon form, payable to
bearer, or, in the discretion of the authority, may be issued as
fully registered uncertificated book-entry securities;
(4)
covenant and agree that upon its being adjudged in default
as to the payment of any installment of principal and interest
upon any obligation issued by it or in default as to the
performance of any covenant or undertaking made by it, that in
that event the principal of all obligations of the issue may be
declared immediately due and payable, notwithstanding that any
of them may not have then matured, and that any court having
jurisdiction in any proper action may appoint a receiver to
administer and operate the facilities whose revenues must be
pledged for the payment of the bonds, with power to fix rates
and charges for the facilities, sufficient to provide for the
payment of the expense of operating and maintaining such
facilities, and to apply the income and revenues of the
facilities to the payment of the bonds, and the interest on
them;
(5)
confer upon a corporate trustee the power to make
disposition of the proceeds from all borrowings and also all
revenue-producing facilities whose revenues are pledged for the
payment of the obligations, in accordance with and in the order
of priority prescribed by resolutions adopted by the authority
as an incident to the issuance of any notes, bonds, or other
evidences of indebtedness;
(6)
dispose of its obligations at public or private sale and
upon such terms and conditions as it approves;
(7)
covenant and agree that a reserve fund must be established
to further secure the payment of principal and interest of any
obligation;
(8)
covenant and agree that it will not enter into any
agreements with any person, firm, corporation, or with the
government of this State, the United States, or any of the
political subdivisions of the same, for the furnishing of free
services where the services are ordinarily charged for;
(9)
prescribe the procedure, if any, by which the terms of the
contract with the holders of its obligations may be amended, the
number of obligations whose holders must consent to it, and the
manner in which the consent must be given;
(10)
prescribe the evidence of default and conditions upon
which all or any obligation becomes or may be declared due
before maturity and the terms and conditions upon which the
declaration and its consequences may be waived;
(11)
covenant to establish and maintain such system of rules as
will ensure the continuous use and occupancy of the facilities
whose revenues are pledged to secure any bonds;
(12)
covenant that an adequate schedule of charges will be
established and maintained for the facilities designated by the
authority, whose revenues must be pledged to secure any bonds,
to the extent necessary to produce sufficient revenues to:
(a)
pay the cost of operating and maintaining the facilities,
whose revenues or net revenues must be pledged for the payment
of the bonds, including the cost of fire, extended coverage, and
use and occupancy insurance;
(b)
pay the principal and interest of the bonds as they
respectively become due;
(c)
create and at all times maintain an adequate debt service
reserve fund to meet the payment of the principal and interest;
and
(d)
create and at all times maintain an adequate reserve for
contingencies and for major repairs and replacements.
(C) The authority, on
behalf of the district, may issue general obligation bonds of
the district, whose proceeds must be used to defray the cost of
constructing and establishing an airport facility within the
district. In order that a convenient procedure for borrowing
money pursuant to this subsection may be prescribed, the
authority may use the provisions of Article 5, Chapter 11, Title
6. For the purpose of this section, the term 'construct and
establish' means the cost of direct construction, the cost of
all land, property, rights, easements, and franchises acquired
(in addition to property conveyed to the district by the City or
County of Florence) which are considered necessary for the
construction and use of runways, terminal buildings, maintenance
shops, freight depots, service establishments, and any and all
facilities incident, or in any way appurtenant, to an airport
facility, and all machinery and equipment needed for it,
payments to contractors, laborers, or others for work done or
material furnished, financing charged, interest incurred in
connection with it, interest on the bonds authorized by this
article, cost of engineering services, architectural services,
legal services, legal and engineering expenses, plans,
specifications, surveys, projections, drawings, brochures,
administrative expenses, and such other expenses as may be
necessary or incident to the construction of any airport
facility within the district incurred for the purposes for which
the district is created.
(D) The district shall
do all other acts and things necessary or convenient to carry
out any function or power committed or granted to the district.
(E) All bonds issued
pursuant to this article and all interest to become due on them
have the tax-exempt status prescribed by Section 12-2-50.
(F) It is lawful for
all executors, administrators, guardians, and fiduciaries, all
sinking fund commissions, the State Budget and Control Board, as
trustee of the South Carolina Retirement System, and all other
governmental entities within the State to invest any monies in
their hands in the bonds issued pursuant to this chapter.
Section 55-11-660. All
revenues derived by the authority from the operation of any
revenue-producing facility which may not be required to operate,
maintain, enlarge, and improve its airport facilities, or to
create any necessary reserves for them, or to pay obligations
incurred in the issuance of any revenue bonds sold pursuant to
the resolution or resolutions adopted by it in connection with
the issuance of the bonds may, in the discretion of the
authority, either:
(1) create surplus
revenues to be used for future capital projects of the
authority;
(2) used to reduce the
outstanding bonded indebtedness of the authority; or
(3) otherwise be used
for purposes permitted by FAA policy and applicable procedures,
as they now exist or may hereafter be adopted.
Section 55-11-670. The rates charged for services furnished by any revenue-producing facility of the district as constructed, improved, enlarged, or extended is not subject to supervision or regulation of any state bureau, commission, board, or other instrumentality or agency of it.
Section 55-11-680. Property and income of the district is exempt from all taxes levied by the State, county, or any municipality, division, subdivision, or agency of them, directly or indirectly.
Section 55-11-690. For the period the district is indebted to a person on any bonds, notes, or other obligations issued pursuant to the provisions of this article, the powers granted to the district and the authority may not be diminished. The provisions of this article are considered a part of the contract between the district and the holders of the obligations.
Section 55-11-700. The provisions of this article do not prohibit the operation of any public or private airport located within the district by any other public agency or governmental authority, or by any private agency or person.
Section 55-11-710. Neither the City of Florence nor the Counties of Florence, Marion, or Dillon are liable in damages for any neglect or mismanagement in the operation and maintenance or otherwise of the airport.
Section 55-11-720.
Nothing in this article may be construed to affect the
rights and duties of electric utilities and electrical suppliers
under the provisions of Chapter 27 of,
Title 58.
Section 55-11-730.
Nothing in this article shall prohibit
prohibits annexation by the City of Florence of the
property of the district."
SECTION 6. Chapter 13, Title 55 of the 1976 Code is amended to read:
Section 55-13-5.
The division shall create a map of each public use
airport in the State showing airport property, runways,
taxiways, runway approach and departure zones, Airport Safety
Zones and Airport Land Use Zones which are extended zones from
each runway in which land use considerations should be made to
prevent incompatible uses with aircraft and airport operations.
These maps should be updated as needed, but at least every five
years.
The division shall provide a copy of
these maps to the county council, city council, the respective
planning agencies, and airport commission, and the agencies
responsible for the granting of plat subdivision approval and
building permits having jurisdiction over the airport, or having
jurisdiction in the vicinity of the airport under aircraft
flight profiles arriving and departing the airport.
Each governmental body or agency
receiving these maps shall ensure notice of any planned
development, plat approval, or building permit issued in an
Airport Safety Zone or Airport Land Use Zone be provided to the
division for review. In the event that an activity is enjoined
or a condition is abated by the division contrary to a local
government body's decision, the governmental body proposing the
land use decision shall have the right to seek cost recovery
from the party responsible for creating the condition or the
enjoinment or abatement of the activity. Neither the division
or a local government shall be required to post a bond or other
financial security as a condition to enjoining or abatement of a
condition surrounding a public use airport. Land use decisions
by county and municipal governments and local agencies shall
take into account the presence of airport land use zones and
airport safety zones and consult with the division, when
possible, prior to making land use decisions within airport land
use zones and airport safety zones. If the division provides
comments, within thirty days, the governmental body must respond
substantively in writing to each comment, separately stated
before the issuance of the permit or approval. If the division
believes the proposed project may have a substantial impact on
aviation safety, create an imminent or foreseeable hazard to
aviation safety, or result in a nuisance or an incompatible land
use, the division may seek relief, including enjoining the
activity or abatement of the condition giving rise to the
division's comments.
Land use decisions by county and
municipal governments and local agencies shall take into account
the presence of Airport Land Use Zones. Land use decisions in
Airport Land Use Zones should avoid and minimize the impact to
interruption of aircraft operations, aviation safety, including
approach, landing, takeoff, and departure criteria established
by the Federal Aviation Administration or nationally recognized
industry standards.
Section 55-13-10.
The governing body of any county a
political subdivision in which there is a United
States Air Force base or airfield an airport may
make reasonable rules and promulgate regulations as
authorized in Section 6-24-710(5) prohibiting, within a
reasonable distance from the base or airfield,
(a) the erection of any
a building, tower or other structure or the allowing of
natural growth or other hazard to aircraft, above certain
maximum heights, which shall be increased at varying
distances from the base or airfield and (b)
airport in. Counties, or municipalities may restrict
residential or commercial development inside the airport safety
zones of a civil airport and prohibit the use of land in a
manner which will create electrical could
cause interference with radio communication between aircraft
and the base airport or landing areas,
confuse or impair visibility in the vicinity of the
base airport or landing areas, or
otherwise endanger the landing, taking-off, or maneuvering of
aircraft using the base airport or landing
areas. Political subdivisions also may assist with the
protection of Department of Defense defined accident potential
areas from encroachments in accordance with federal and state
regulations.
Section 55-13-20. The
rules and regulations authorized by Section 55-13-10
shall become effective only after a public
hearing, notice, and comment of which
shall must be published at least
once a week for two weeks in a newspaper published and in
general circulation in the county affected thereby
in accordance with State law.
Section 55-13-30. After
they become effective, it shall be unlawful for
any a person to wilfully or
intentionally violate such these
rules and regulations and any a person
violating any of them shall,
upon conviction, must be fined not exceeding one
hundred thousand dollars, or
imprisoned for not more than thirty days. A person who
violates these rules and regulations may be liable for a civil
penalty of one thousand dollars. Each day of the
violation shall constitute constitutes a
separate offense.
Section 55-13-40. (1)
It shall be is
unlawful, without proper authority, for any person to trespass,
park, drive or drag race upon airport property.
(2)
Any A person violating the
provisions of this section shall,
upon, conviction must be fined not less than
two five hundred dollars
nor or more than six
hundred two thousand dollars or imprisoned for
not less than two months nor or more
than six months or both in the discretion of the trial judge.
In addition to such this penalty, the
driver of such a vehicle
who that violates the provisions of this
section shall, upon conviction, entry of
a plea of guilty or forfeiture of bail shall have his
driver's license revoked for a period of one year.
Any A person violating the provisions of
this section by acquiescing in or permitting the driving of his
car shall, upon conviction, must be
fined not to exceed more than one
hundred thousand dollars or imprisoned
for a period not to exceed thirty more than
thirty days, or both, in the discretion of the court and, in
addition thereto, shall have his driver's
license and the registration of his vehicle suspended for a
period of three months."
SECTION 7. Chapter 15, Title 55 of the 1976 Code is amended to read:
Section 55-15-10. As
used in this chapter:
(a) The term 'person'
means (1) any individual, partnership, corporation or
association which is the owner of a business; (2) any owner,
part owner, tenant or sharecropper who operates a farm; (3) an
individual who is the head of a family; or (4) an individual not
a member of a family.
(b) The term 'family'
means two or more individuals living together in the same
dwelling unit who are related to each other by blood, marriage,
adoption or legal guardianship.
(c) The term 'displaced
person' means any person who moves from real property as a
result of the acquisition or reasonable expectation of
acquisition of such real property, which may have been or is
subsequently acquired, in whole or in part, for an airport, or
as the result of the acquisition for an airport of other real
property on which such person conducts a business or farm
operation.
(d) The term 'business'
means any lawful activity conducted primarily (1) for the
purchase and resale, manufacture, processing or marketing of
products, commodities or any other personal property; (2) for
the sale of services to the public; or (3) by a nonprofit
organization.
(e) The term 'farm
operation' means any activity conducted solely or primarily for
the production of one or more agricultural products or
commodities for sale and home use, and customarily producing
such products or commodities in sufficient quantity to be
capable of contributing materially to the operator's support.
(f) The term 'public
authority' means the Division of Aeronautics of the
Department of Commerce Budget and Control
Board, a municipality, a county or other political
subdivision of this State, separately or jointly, authorized to
acquire land, air rights, safety markers, and lights as provided
in Chapter 9 of, Title 55.
Section 55-15-20. (a)
Whenever the acquisition of real property
for a program or project undertaken by a public authority will
result in the displacement of any person, the public authority
shall make a payment to any displaced person upon proper
application as approved by the public authority for:
(1)
actual reasonable expenses in moving himself, his family,
business, farm operation, or other personal property;
(2)
actual direct losses of tangible personal property as a
result of moving or discontinuing a business or farm operation,
but not to exceed an amount equal to the reasonable expenses
that would have been required to relocate such property, as
determined by the public authority and; ;
and
(3)
actual reasonable expenses in searching for a replacement
business or farm.
(b) Any displaced
person eligible for payments under subsection (a) of this
section who is displaced from a dwelling and who elects to
accept the payments authorized by this subsection in lieu of the
payments authorized by subsection (a) of this section may
receive a moving expense allowance, determined according to a
schedule established by the public authority not to exceed three
hundred dollars; and a dislocation allowance of two hundred
dollars.
(c) Any displaced
person eligible for payments under subsection (a) of this
section who is displaced from his place of business or from his
farm operation and who elects to accept the payment authorized
by this subsection in lieu of the payment authorized by
subsection (a) of this section, may receive a fixed payment in
an amount equal to the average annual net earnings of the
business or farm operation, except that such payment shall be
not less than two thousand five hundred dollars nor more than
ten thousand dollars. In the case of a business no payment
shall be made under this subsection unless the public authority
is satisfied that the business (1) cannot be relocated without a
substantial loss of its existing patronage, and (2) is not a
part of a commercial enterprise having at least one other
establishment not being acquired by the public authority, which
is engaged in the same or similar business. For the purposes of
this subsection, the term 'average annual net earnings' means
one half of any net earnings of the business or farm operation,
before Federal, State, and local income taxes, during the two
taxable years immediately preceding the taxable year in which
such business or farm operation moves from the real property
acquired for such project, or during such other period as the
public authority determines to be more equitable for
establishing such earnings, and includes any compensation paid
by the business or farm operation to the owner, his spouse, or
his dependents during such period.
Section 55-15-30. (1)
In addition to payments otherwise authorized
by this chapter, the public authority shall make an additional
payment not in excess of fifteen thousand dollars to any
displaced person who is displaced from a dwelling actually owned
and occupied by such displaced person for not less than one
hundred and eighty days prior to the initiation of negotiations
for the acquisition of the property. Such additional payment
shall include the following elements:
(a)
The amount, if any, which when added to the acquisition
cost of the dwelling acquired, equals the reasonable cost of a
comparable replacement dwelling which is a decent, safe, and
sanitary dwelling adequate to accommodate such displaced person,
reasonably accessible to public services and places of
employment and available on the private market. All
determinations required to carry out this subparagraph shall be
made in accordance with standards established by the public
authority.
(b)
The amount, if any, which will compensate such displaced
person for any increased interest costs which such person is
required to pay for financing the acquisition of any such
comparable replacement dwelling. Such amount shall be paid only
if the dwelling acquired was encumbered by a bona fide mortgage
which was a valid lien on such dwelling for not less than one
hundred and eighty days prior to the initiation of negotiations
for the acquisition of such dwelling. Such amount shall be
equal to the excess in the aggregate interest and other debt
service costs of that amount of the principal of the mortgage on
the replacement dwelling which is equal to the unpaid balance of
the mortgage on the acquired dwelling, over the remainder term
of the mortgage on the acquired dwelling, reduced to discounted
present value. The discount rate shall be determined by
regulations issued pursuant to Section 55-15-70.
(c)
Reasonable expenses incurred by such displaced person for
evidence of title, recording fees, and other closing costs
incident to the purchase of the replacement dwelling, but not
including prepaid expenses.
(2) The additional
payment authorized by this subsection shall be made only to such
a displaced person who purchases and occupies a replacement
dwelling which is decent, safe and sanitary not later than the
end of the one-year period beginning on the date on which he
receives final payment of all costs of the acquired dwelling, or
on the date on which he moves from the acquired dwelling,
whichever is the later date.
Section 55-15-40. In
addition to amounts otherwise authorized by this chapter, the
public authority shall make a payment to or for any displaced
person from any dwelling not eligible to receive a payment under
Section 55-15-30 which dwelling was actually and lawfully
occupied by such displaced person for not less than ninety days
prior to the initiation of negotiations for acquisition of such
dwelling. Such payment shall be either:
(1) the amount
necessary to enable such displaced person to lease or rent for a
period not to exceed four years, a decent, safe and sanitary
dwelling of standards adequate to accommodate such person in
areas not generally less desirable in regard to public utilities
and public and commercial facilities, and reasonably accessible
to his place of employment, but not to exceed four thousand
dollars,; or
(2) the amount
necessary to enable such person to make a down payment
(including incidental expenses described in Section
55-15-30(1)(c) on the purchase of a decent, safe and sanitary
dwelling of standards adequate to accommodate such person in
areas not generally less desirable in regard to public utilities
and public and commercial facilities, but not to exceed four
thousand dollars, except that if such amount exceeds two
thousand dollars, such person must equally match any such amount
in excess of two thousand dollars, in making the down payment.
Section 55-15-50. (a)
Whenever the acquisition of real property
for a program or project undertaken by the public authority will
result in the displacement of any person, the public authority
shall provide a relocation assistance advisory program for
displaced persons which shall offer the services prescribed
herein. If the public authority determines that any person
occupying property immediately adjacent to the real property
acquired is caused substantial economic injury because of the
acquisition, it may offer such person relocation advisory
services under such program.
(b) Each relocation
advisory assistance program required by subsection (a) shall
include such measures, facilities or services as may be
necessary or appropriate in order to:
(1)
determine the need, if any, of displaced persons for
relocation assistance;
(2)
provide current and continuing information on the
availability, prices and rentals, of comparable decent, safe and
sanitary sales and rental housing, and of comparable commercial
properties and locations for displaced businesses;
(3)
assist a displaced person displaced from his business or
farm operation in obtaining and becoming established in a
suitable replacement location;
(4)
supply information concerning Federal, State and local
housing programs, disaster loan programs, and other Federal,
State or local programs offering assistance to displaced
persons;
(5)
provide other advisory services to displaced persons in
order to minimize hardships to such persons in adjusting to
relocation;
(6)
secure, to the greatest extent practicable, the
coordination of relocation activities with other project
activities and other planned or proposed governmental actions in
the community or nearby areas which may affect the carrying out
of the relocation program.
Section 55-15-60. Whenever the acquisition of real property for a program or project undertaken by the public authority will result in the displacement of any person, the public authority shall assure that, within a reasonable period of time, prior to displacement there will be available, in areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and individuals displaced, decent, safe and sanitary dwellings, equal in number to the number of and available to such displaced persons who require such dwellings and reasonably accessible to their places of employment; except that regulations issued pursuant to Section 55-15-70 may prescribe situations when these assurances may be waived.
Section 55-15-70. (a)
The public authority shall adopt such rules
and regulations as may be necessary to assure:
(1)
that the payments and assistance authorized by this
chapter shall be administered in a manner which is fair and
reasonable, and as uniform as practicable;
(2)
that a displaced person who makes proper application for a
payment authorized for such person by this chapter shall be paid
promptly after a move or, in hardship cases, be paid in advance;
and
(3)
that any person aggrieved by a determination as to
eligibility for a payment authorized by this chapter, or the
amount of a payment may have his application reviewed by the
public authority.
(b) the public
authority may prescribe such other regulations and procedures,
consistent with the provisions of this chapter, as it deems
necessary or appropriate to carry out this chapter.
Section 55-15-80. In order to prevent unnecessary expense and duplication of functions, and to promote uniform and effective administration of relocation assistance programs for displaced persons, the public authority may authorize any State agency to enter into contracts with any individual, firm, association or corporation for services in connection with such programs, or may carry out its functions under this chapter through any Federal or State agency or instrumentality having an established organization for conducting relocation assistance programs.
Section 55-15-90. Funds appropriated or otherwise available to the public authority for the acquisition of real property or any interest therein for a particular program or project shall be available also for obligation and expenditure to carry out the provisions of this chapter as applied to that program or project.
Section 55-15-100. No payment received by a displaced person under this chapter shall be considered as income or resources for the purpose of determining the eligibility or extent of eligibility of any person for assistance under any State law or for the purposes of the State's personal income tax law, corporation tax law, or other tax laws. Such payments shall not be considered as income or resources of any recipient of public assistance and such payment shall not be deducted from the amount of aid to which the recipient would otherwise be entitled.
Section 55-15-110. (1)
The public authority, upon acquisition of
real property under the eminent domain or condemnation laws of
this State, shall as soon as practicable after the date of
payment of the purchase price or the date of deposit into court
of funds to satisfy the award of compensation in a condemnation
proceeding to acquire real property, whichever is the earlier,
reimburse the owner, to the extent the public authority deems
fair and reasonable, for expenses he necessarily incurred for
(a) recording fees, transfer taxes and similar expenses
incidental to conveying such real property; (b) penalty costs
for prepayment for any preexisting recorded mortgage entered
into in good faith encumbering such real property; and (c) the
pro rata portion of real property taxes paid which are allocable
to a period subsequent to the date of vesting title or the
effective date of possession of such real property in the taking
authority whichever is the earlier.
(2) Where a
condemnation proceeding is instituted by the public authority
under the laws of this State to acquire real property and (a)
the final judgment is that the real property cannot be acquired
by condemnation or (b) the proceeding is abandoned, the owner of
any right, title or interest in such real property shall be paid
by the public authority such sum as will, in the opinion of the
public authority, reimburse such owner for his reasonable
attorney, appraisal and engineering fees, actually incurred
because of the condemnation proceeding.
(3) Where an inverse
condemnation proceeding is instituted by the owner of any right,
title or interest in real property, the court, rendering a
judgment for the plaintiff in such proceeding and awarding
compensation for the taking of property, or the public
authority's attorney effecting a settlement of any such
proceeding, shall determine and award or allow to such
plaintiff, as a part of such judgment or settlement, such sum as
will, in the opinion of the court or the public authority's
attorney, reimburse such plaintiff for his reasonable costs,
disbursements and expenses, including reasonable attorney,
appraisal and engineering fees, actually incurred because of
such proceeding.
(4) The public
authority, in acquiring real property which they have the power
to acquire under the eminent domain or condemnation laws of this
State shall comply with the following policies:
(a)
Every reasonable effort shall be made to acquire
expeditiously real property by negotiation.
(b)
Real property shall be appraised before the initiation of
negotiations, and the owner or his designated representative
shall be given an opportunity to accompany the appraiser during
his inspection of the property.
(c)
Before the initiation of negotiations for real property,
an amount shall must be established
which it is reasonably believed is just compensation
therefor for it and
such the amount shall
must be offered for the property. In no event shall
such the amount be less than the
approved appraisal of the fair market value of such property.
Any decrease or increase of the fair market value of real
property prior to the date of valuation caused by the public
improvement for which such property is acquired or by the
likelihood that the property would be acquired for such
improvement, other than that due to physical deterioration
within the reasonable control of the owner, will be disregarded
in determining the compensation for the property. The owner of
the real property to be acquired shall be provided with a
written statement of, and summary of the basis for, the amount
established as just compensation. Where appropriate the just
compensation for the real property acquired and for damages to
remaining real property shall be separately stated.
(d)
No owner shall be required to surrender possession of real
property before the agreed purchase price is paid or deposited
with a court having jurisdiction of condemnation of such
property, in accordance with applicable law, for the benefit of
the owner an amount not less than the approved appraisal of the
fair market value of such property, or the amount of the award
of compensation in the condemnation proceeding of such property.
(e)
The construction or development of a public improvement
shall be so scheduled that, to the greatest extent practicable,
no person lawfully occupying real property shall be required to
move from a dwelling, assuming a replacement dwelling will be
available, or to move his business or farm operation without at
least ninety days' written notice from the date by which such
move is required.
(f)
If an owner or tenant is permitted to occupy the real
property acquired on a rental basis for a short term or for a
period subject to termination on short notice, the amount of
rent required shall not exceed the fair rental value of the
property to a short-term occupier.
(g)
In no event shall the time of condemnation be advanced, on
negotiations or condemnation and the deposit of funds in court
for the use of the owner be deferred, or any other coercive
action be taken to compel an agreement on the price to be paid
for the property.
(h)
If an interest in real property is to be acquired by
exercise of the power of eminent domain, formal condemnation
proceedings shall be instituted. The public authority shall not
intentionally make it necessary for an owner to institute legal
proceedings to prove the fact of the taking of his real
property.
(i)
If the acquisition of only part of
the property would leave its owner with an uneconomic remnant,
an offer to acquire the entire property shall be made.
(5)(a) Where any
interest in real property is acquired, an equal interest in all
buildings, structures, or other improvements located upon the
real property so acquired and which is required to be removed
from such real property or which is determined to be adversely
affected by the use to which such real property will be put
shall be acquired.
(b)
For the purpose of determining the just compensation to be
paid for any building, structure or other improvement required
to be acquired as above set forth, such building, structure or
other improvement shall be deemed to be a part of the real
property to be acquired notwithstanding the right or obligation
of a tenant, as against the owner of any other interest in the
real property, to remove such building, structure or improvement
at the expiration of his term, and the fair market value which
such building, structure or improvement contributes to the fair
market value of the property to be acquired, or the fair market
value of such building, structure or improvement for removal
from the real property, whichever is the greater,
shall must be paid to the tenant
therefor for it.
(c)
Payment for such buildings, structures or improvements as
set forth above shall not result in duplication of any payments
otherwise authorized by State law. No such payment shall be
made unless the owner of the land involved disclaims all
interest in the improvements of the tenant. In consideration
for any such payment, the tenant shall assign, transfer and
release all his right, title and interest in and to such
improvements. Nothing with regard to the above-mentioned
acquisition of buildings, structures or other improvements shall
be construed to deprive the tenant of any rights to reject
payment and to obtain payment for such property interests in
accordance with other laws of this State.
Section 55-15-120. Nothing in Sections 55-15-10 to 55-15-120 shall be construed as creating in any condemnation proceedings brought under the power of eminent domain, any element of value or of damage not in existence immediately prior to June 15, 1973."
SECTION 8. Chapter 17, Title 55 of the 1976 Code is amended to read:
Section 55-17-10.
Any An airport district in this
State containing an airport, served by air carriers
certificated by the United States Civil Aeronautics
Board, enplaning on June 15, 1977, three hundred thousand or
more passengers per year, as reported to and published by the
United States Civil Aeronautics Board, is hereby or
cargo carriers certificated and reported by the United States
Department of Transportation, Federal Aviation
Administration may be designated as a regional
airport district.
Section 55-17-20. The
governing authority of any regional airport district in this
State, which has averaged on June 15, 1977, three hundred
thousand or more enplaning passengers per year for the preceding
three consecutive calendar years, as reported to and published
by the United States Civil Aeronautics Board
Federal Aviation Administration, may issue, without an
election, general obligation bonds of the district in an amount
as is within the constitutional debt limit applicable to the
district for the purpose of paying the cost of maintenance,
construction, renovation, extension, enlargement, improvement
and acquisition of airports and suitable air navigation
facilities; provided, however, that as a condition precedent
to the issuance of bonds a majority of the members of each
delegation, including members of the House of Representatives
and the Senate whose districts are located either wholly or
partially within an airport district, must give their prior
written approval. All or any general obligation bonds issued
pursuant to this chapter shall conform to the following
specifications and be subject to the following procedures:
(a) They shall be
issued as a single issue or from time to time as several
separate issues. They shall be in such denominations, bear such
date as the governing authority shall determine and bonds of any
issue shall mature in such equal or unequal installments as may
be determined by the governing authority. They shall be made
payable at such places as the governing authority shall
prescribed, shall bear interest at such rates within the
limitations of Section 11-9-350 and shall be payable in such
manner as the governing authority may determine. The bonds may
be issued with the privilege of having them registered as to
principal on the books of the governing authority and the
principal thus made payable to the registered holder (unless the
last registered transfer shall have been to bearer), upon such
conditions as the governing authority may prescribe. Any bond
issued pursuant to this chapter may be made subject to
redemption prior to its stated maturity, on such terms and
conditions and with such redemption premium as the governing
authority shall prescribe.
(b) They shall be sold
at not less than par and accrued interest to the date of their
respective deliveries at public sale. At least ten days prior
to any sale, notice announcing the intention to receive bids for
sale of such bonds shall be published in a newspaper of general
circulation in the State of South Carolina. In offering the
bonds for sale the governing authority shall reserve the right
to reject any and all bids and if all bids shall be rejected,
the governing authority may negotiate privately for the
disposition of such bonds.
(c) Such bonds and all
interest to become due thereon shall have the tax-exempt status
prescribed by Section 12-1-60, Code of Laws of South Carolina,
1976.
(d) All general
obligation bonds issued pursuant to this chapter shall be
executed in a manner prescribed by the governing authority. The
seal of the district shall be affixed to, impressed or
reproduced upon each of such bonds and each of such bonds shall
be attested by the secretary of the governing authority. The
coupons attached to such bonds shall be authenticated by a
facsimile of the signature of the chairman and the secretary of
the governing authority who shall be in office on the date of
the adoption of the resolution of the governing authority
authorizing the bonds.
(e) The delivery of any
bonds so executed and authenticated shall be valid
notwithstanding any changes in officers or seal occurring after
such execution and authentication.
(f) There shall be
irrevocably pledged for the payment of such bonds and interest
as they mature the full faith, credit and resources of the
district. Until the principal and interest of all bonds issued
under this chapter shall be fully paid, there shall be levied on
all taxable property in the district an annual ad valorem tax
sufficient to pay the principal and interest of all bonds issued
under this chapter as such principal and interest become due.
The tax shall be annually levied by the Comptroller General of
South Carolina and collected by the county treasurer of the
county or counties in which the district is located at the same
time and in the same manner as county taxes are collected. Each
of the county treasurers, if the district comprises more than a
single county, shall collect the tax in his county and pay it to
the State Treasurer in the manner and within the time heretofore
provided by law for the payment of State taxes to the State
Treasurer, who shall set them apart in a special fund and apply
them solely to the payment of principal and interest of the
bonds so long as any such principal or interest remains
outstanding. The tax to be levied under the provisions of this
item shall not be substantially greater than the amount
necessary to pay principal and interest of bonds maturing during
the year in which monies produced by such levy will come into
the hands of the State Treasurer, as reduced by the anticipated
balance of funds actually in the hands of the State Treasurer,
on the occasion when it becomes necessary to fix such tax levy,
produced by: (1) additional collections from such levies made in
prior years; (2) net revenues derived by the governing authority
from the operation of its facilities not required to meet costs
of operating, maintaining, enlarging, improving and acquiring
its facilities. When all principal and interest of outstanding
bonds have been paid, the State Treasurer shall transfer any
balance remaining in the special fund created under the terms of
this item to the general fund of the governing authority subject
to its draft or order for any legitimate purpose incident to the
operation, maintenance or extension of the district's airport
facilities.
(g) The proceeds
derived from the sale of such bonds shall be deposited with the
State Treasurer in a separate and special fund and shall be
subject to transfer, upon warrants or orders of the governing
authority to any bank or trust company having an office within
the district, to be expended by the governing authority for the
purpose of meeting any costs incurred in the issuance of the
bonds and to meet the cost of maintenance, construction,
renovation, extension, enlargement, improvement and acquisition
of airport facilities within the district and to no other
purposes; provided, however, that any premium received shall be
deposited with the State Treasurer and applied by him to the
first installment of principal becoming due on the bonds and any
accrued interest shall be applied to the first installment of
interest becoming due on the bonds. Provided, further, pending
such withdrawals, the State Treasurer shall, upon the request of
the governing authority, be empowered to invest and reinvest the
proceeds derived from the sale of the bonds in direct general
obligations of the United States of America or any agency
thereof having a maturity of not more than one year from the
date as of which such investment shall be made. Income derived
from such investments shall be subject to the transfer upon
warrants or orders of the governing authority to any bank or
trust company having an office within the district to be
expended by the governing authority for the purposes of meeting
the costs of issuing the bonds and any costs incurred in the
maintenance, construction, renovation, extension, enlargement,
improvement and acquisition of any airport facility. Neither
the purchaser of the bonds nor any subsequent holders thereof
shall be responsible for the proper application of the proceeds
of sales.
(h) The powers and
authorizations hereby conferred upon the governing authority
shall be in addition to all other powers and authorizations
previously vested in it, and may be availed of at a special or
regular meeting of the governing authority by resolution to
become effective immediately upon its adoption at the meeting at
which it is presented. No action other than that prescribed
herein need be taken to effect affect
the issuance of the bonds nor shall the governing authority be
required to obtain the approval of any other public body or
agency to any action taken pursuant to the authorization of this
chapter. No election is prescribed as a condition precedent to
the issuance of any bonds under the provisions of this chapter.
Section 55-17-30. If the provisions contained in the proviso set out in the first paragraph of Section 55-17-20 relating to legislative approval are held to be unconstitutional by a court of competent jurisdiction all the provisions of this chapter shall be null and void."
SECTION 9. Section 13-1-20 of the 1976 Code is amended to read:
"Section 13-1-20.
The Department of Commerce shall conduct an adequate
statewide program for the stimulation of economic activity to
develop the potentialities of the State; manage the business
and affairs of the Savannah Valley Development; develop
state public airports and an air transportation system that is
consistent with the needs and desires of the public;
develop the state public railway system for the efficient and
economical movement of freight, goods, and other merchandise;
and enhance the economic growth and development of the State
through strategic planning and coordinating activities."
SECTION 10. Section 13-1-30(C) of the 1976 Code, as last amended by Act 11 of 2005, is further amended to read:
"(C)
Notwithstanding any other provision of law, the Secretary
of Commerce may appoint a director for each division of the
department, except for the Division of Aeronautics who
must be appointed by the Governor in accordance with Section
13-1-1080. Except for the Executive Director of the Division of
Aeronautics who shall serve at the pleasure of the Aeronautics
Commission, each. Each director shall serve at
the pleasure of the Secretary of Commerce and shall be
responsible to the secretary for the operation of the programs
outlined by the secretary."
SECTION 11. Section 13-1-1050(B)(2) of the 1976 Code, as added by Act 11 of 2005, is amended to read:
"(2)
commission members appointed to represent
congressional district three and, four,
and seven, three years;
SECTION 12. Chapter 8, Title 55 of the 1976 Code is repealed.
SECTION 13. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.