H 3597 Session 109 (1991-1992)
H 3597 General Bill, By D.N. Holt, Bailey, J.J. Bailey, R.A. Barber,
S.E. Gonzales, J. Rama, L.S. Whipper and R.M. Young
A Bill to amend Section 55-9-190, Code of Laws of South Carolina, 1976,
relating to the powers of the Aeronautics Commission and political
subdivisions of this State in regard to the establishment of airports, so as
to grant to the political subdivisions of this State but not to the
Aeronautics Commission certain additional powers in regard to the use and
disposal of property acquired for air transportation and facilities purposes.
02/26/91 House Introduced and read first time HJ-17
02/26/91 House Referred to Committee on Education and Public
Works HJ-17
A BILL
TO AMEND SECTION 55-9-190, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE POWERS OF THE
AERONAUTICS COMMISSION AND POLITICAL SUBDIVISIONS
OF THIS STATE IN REGARD TO THE ESTABLISHMENT OF
AIRPORTS, SO AS TO GRANT TO THE POLITICAL
SUBDIVISIONS OF THIS STATE BUT NOT TO THE
AERONAUTICS COMMISSION CERTAIN ADDITIONAL POWERS
IN REGARD TO THE USE AND DISPOSAL OF PROPERTY
ACQUIRED FOR AIR TRANSPORTATION AND FACILITIES
PURPOSES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The General Assembly finds that airport commissions
and aviation authorities have need for substantial acreage in order to
accomplish the purpose of providing air transportation and air
navigation facilities and as their needs change with the passage of time
and change in circumstances, they have land which is not being used for
air transportation or air navigation facilities. The public interest requires
that this land be put to use by the commission or authority involved to
provide income to the commission for its use in supporting its air
transportation or air navigation facilities.
SECTION 2. Section 55-9-190 of the 1976 Code is amended to read:
"Section 55-9-190. The commission, 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, equip, improve, maintain, and operate
such these airports or landing fields or vest authority for
the construction, equipment, improvement, maintenance, and
operation thereof 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 the political subdivision;
(2) adopt regulations and establish charges, fees, and
tolls for the use of such these airports or landing fields,
fix penalties for the violation of such these
regulations, and establish liens to enforce payment of
such these charges, fees, and tolls; and
(3) lease for a term not exceeding twenty-five years such
these airports or landing fields to private parties for operation
or lease or assign for a term not exceeding twenty-five years to private
parties for operation space, area, improvements, and equipment
on such these 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.;and
(4) establish office parks, warehouse parks, and other income
producing facilities on that real property that each may have and which
is not at the time required for the use of air navigation or air
transportation facilities, and for the purposes of this item (4) may by
purchase, gift, devise, lease, or otherwise acquire, hold, develop, use,
lease, mortgage, sell, transfer, and dispose of property, real or personal,
or an interest in the property. The provisions of this item (4) do not
apply to the Aeronautics Commission."
SECTION 3. This act takes effect upon approval by the Governor.
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