View Amendment Current Amendment: 3918R002.GEC.docx to Bill 3918     THE COMMITTEE ON TRANSPORTATION proposed the following amendment (3918R002.GEC):
    Amend the bill, as and if amended, page 7, by striking lines 39-43 and inserting:
/         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, by law enforcement, or in an emergency or cautionary situation in which the         /

    Amend the bill further, as and if amended, page 10, striking lines 6-10 and inserting:
/         (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 consent to a chemical test of his breath for the purpose of determining the alcoholic content of his blood if         /

    Amend the bill further, as and if amended, page 14, by striking lines 12 - 31 and inserting:
/         Section 55-3-60.     The owner of every an 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 the aircraft which is caused by ascent, descent or flight of the aircraft or the 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. This section shall not apply to damage to airport property that is neither malicious nor intentional, nor shall this section apply to damage to crushable materials, collapsible structures, or aircraft arresting systems that are designed to deform when used.                 /

    Amend the bill further, as and if amended, page 20, by striking lines 19-23 and inserting:
/     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.             /

    Amend the bill further, as and if amended, page 22, by striking lines 1 - 9 and inserting:
/         (1)     a violation of this title or a violation of a federal, state, or local law, ordinance, regulation, or federally approved airport design criteria that relates to aviation safety has occurred;
        (2)     a condition exists that interferes with, or has a reasonable potential in the judgment of the division to interfere with aircraft operations;
        (3)     a condition poses an increased risk to aviation safety;
        (4)     the persistence of a condition would cause aircraft takeoff, landing, or approach criteria to be adversely impacted; or
        (5)     a condition exists that would constitute a nuisance to aircraft operation. These conditions may include, but are not limited to:                     /

    Amend the bill further, as and if amended, page 22, by striking lines 38 -41 and inserting:
/         (O)     The division and an affected local government shall have the ability to seek cost recovery for the actual costs in the removal or abatement of the hazard against the persons responsible for creating or maintaining an airport hazard that violates this section, or violates a federal, state, or local law, ordinance, regulation, or federally approved airport design criteria.                     /

    Amend the bill further, as and if amended, page 29, by striking lines 7-32 and inserting:
/         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 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'.
    (B)     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 to be used solely for airport improvement and maintenance projects and shall not be used for operating expenses of the Division; however, any revenue in excess of ten million dollars must be credited in equal amounts to the general fund and the State Aviation Fund. The revenue credited to the State Aviation Fund in excess of ten million dollars must also be used solely for airport improvement and maintenance projects and shall not be used for operating expenses of the Division.
    (C)     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.
    (D)     The division may promulgate regulations governing the eligibility requirements and procedures for disbursements from the State Aviation Fund.             /

    Amend the bill further, as and if amended, page 29, by striking line 34 and inserting:
/         Section 55-5-290.         Except funds directed to the State Aviation Fund pursuant to Section 55-5-280(B), Any any moneys monies or fees coming into the         /

    Amend the bill further, as and if amended, page 34, by striking lines 20-28 and inserting:
/     Section 55-9-270.     When an airport hazard area appertaining to an airport owned or controlled by a county, municipality, or political subdivision is located outside the territorial limits of the political subdivision, the political subdivision 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.         /

    Amend the bill further, as and if amended, page 36, by striking line 7-8 and inserting:
/     regulations adopted under this chapter, may apply to the board of zoning appeals or joint board of appeals for a variance from the zoning regulations. The         /

    Amend the bill further, as and if amended, page 41, by striking lines 3-7 and inserting:
/         (14)     Make contracts for the construction, erection, maintenance and repair of the facilities in its charge, in accordance with the State Procurement Code, Chapter 35, Title 11 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.         /

    Amend the bill further, as and if amended, page 56, by striking lines 2-4 and inserting:
/     without competitive bids according to the provisions of the State Procurement Code, Chapter 35, Title 11.         /

    Amend the bill further, as and if amended, page 78, by striking line 12 and inserting:
/     from the base or airfield and (b) airport. Counties or             /

    Amend the bill further, as and if amended, page 78, by striking line 32 and inserting:
/         Section 55-13-30.     After they become effective, it It shall be         /

    Amend the bill further, as and if amended, page 80, by striking lines 9-10 and inserting:
/     Aeronautics of the Department of Commerce Budget and Control Board, a municipality, a county or other political subdivision of         /

    Amend the bill further, as and if amended, page 91, striking lines 33-34 and inserting:
/         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         /

    Amend the bill further, as and if amended, page 92, by striking SECTIONS 12 and 13 and inserting:
/     SECTION     12.     Section 13-1-1000(1) of the 1976 Code is amended to read:

    "Section 13-1-1000.     Notwithstanding any other provision of law, the following terms, when used in this article, have the following meanings unless the context clearly requires otherwise:
    (1) 'Department' 'Board' means the Department of Commerce Budget and Control Board."

SECTION     13.     Section 13-1-1010 of the 1976 Code is amended to read:

    "Section 13-1-1010.     Notwithstanding any other provision of law, the Aeronautics Commission is hereby created within the Department of Commerce Budget and Control Board, to assist the Secretary of Commerce board, or the board's successor entity, in the operation of and to oversee the Division of Aeronautics. and there There may be no purchase or sale of any aeronautics assets without the approval of the commission and the Secretary of Commerce board, or the board's successor entity."

SECTION     14.     Chapter 8, Title 55 of the 1976 Code is repealed.

SECTION     15.     A.         The Aeronautics Commission, and the commission's functions, powers, duties, and responsibilities transferred to the Budget and Control Board, or its successor entity, by this act must be maintained as a distinct component, function, power, duty, or responsibility of the Budget and Control Board, or its successor entity. Any funds appropriated to the commission must not be transferred to another component of the Budget and Control Board, or its successor entity. Any funds appropriated for a distinct function, power, duty, or responsibility of the commission must be exercised by the commission.
B.         Regulations promulgated by this commission as it formerly existed under the Department of Commerce are continued and are considered to be promulgated by this commission under the Budget and Control Board, or its successor entity.
C.         The Aeronautics Commission shall use its existing resources that are transferred to the Budget and Control Board, or its successor entity, including, but not limited to, funding, personnel, equipment, and supplies.
D.         Any reference to the Budget and Control Board shall mean the Budget and Control Board or its successor entity.

SECTION     16.     The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION     17.     If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION     18.     This act takes effect upon approval by the Governor.             /
    Renumber sections to conform.
    Amend title to conform.