H*5015 Session 112 (1997-1998)
H*5015(Rat #0494, Act #0365 of 1998) General Bill, By Battle, J. Hines,
M. Hines, M.H. Kinon, McGee and McKay
Similar(S 1195)
A BILL TO AMEND ARTICLE 9, CHAPTER 11, TITLE 55, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE PEE DEE REGIONAL AIRPORT DISTRICT, SO AS TO
CHANGE THE COMPOSITION OF THE GOVERNING BODY BY REMOVING DARLINGTON COUNTY
FROM THE MEMBERSHIP ON THE GOVERNING BODY; REDUCE THE JURISDICTION OF THE
DISTRICT BY REMOVING DARLINGTON COUNTY; LIMIT THE NUMBER OF TERMS A MEMBER MAY
SERVE; AUTHORIZE THE GOVERNING BODIES OF THE COUNCILS COMPOSING THE AUTHORITY
TO INCREASE THE AMOUNT OF COMPENSATION OF MEMBERS OF THE AUTHORITY; AUTHORIZE
THE AUTHORITY TO LICENSE, LEASE, SUBLEASE, RENT, SELL, OR OTHERWISE, PROVIDE
FOR THE USE OF REAL PROPERTY IN ADDITION TO OTHER PROPERTY; DELETE THE POWER
OF THE AUTHORITY TO DEVELOP AN INDUSTRIAL OR BUSINESS PARK; DELETE THE POWER
TO DIRECT THE AUDITORS OF THE COUNTIES COMPOSING THE AUTHORITY TO LEVY A TAX
ON THE PROPERTIES WITHIN THE DISTRICT; AUTHORIZE THE AUTHORITY TO DEVELOP
LANDS LEASED BY, SUBLEASED BY, OWNED BY, OR UNDER THE JURISDICTION OF THE
AUTHORITY; PROVIDE THAT ALL FINES AND FORFEITURES COLLECTED UNDER THIS ARTICLE
MUST BE FORWARDED TO THE COUNTY WHERE THE FINAL DISPOSITION OF THE CASE IS
MADE INSTEAD OF TO THE DISTRICT; DELETE PROVISIONS RELATING TO THE AUTHORITY
DEPOSITING OR EXPENDING MONIES, ACCEPTING DONATIONS, ISSUING NEGOTIABLE
INSTRUMENTS, AND THE AUTHORITY TO ISSUE BONDS; CHANGE THE USES OF REVENUES
DERIVED BY THE AUTHORITY FROM THE OPERATION OF REVENUE PRODUCING FACILITIES;
DELETE PROVISIONS WHICH PROHIBITED THE AUTHORITY FROM CONSTITUTING ALL OR PART
OF THE LANDS OWNED BY, LEASED BY, SUBLEASED BY, OR UNDER THE JURISDICTION OF
THE AUTHORITY AS AN INDUSTRIAL OR BUSINESS PARK UNDER THE PROVISIONS OF
SECTION 13 OF ARTICLE VIII OF THE CONSTITUTION; DELETE THE PROVISION RELATING
TO THE ESTABLISHMENT OF INDUSTRIAL OR BUSINESS PARK; AND TO PROVIDE THAT
NOTHING IN THIS ARTICLE SHALL PROHIBIT ANNEXATION BY THE CITY OF FLORENCE OF
THE PROPERTY OF THE DISTRICT.
04/14/98 House Introduced, read first time, placed on calendar
without reference HJ-19
04/16/98 House Read second time HJ-29
04/16/98 House Unanimous consent for third reading on next
legislative day HJ-32
04/17/98 House Read third time and sent to Senate HJ-3
04/21/98 Senate Introduced and read first time SJ-30
04/21/98 Senate Referred to Committee on Transportation SJ-30
05/28/98 Senate Recalled from Committee on Transportation SJ-7
06/02/98 Senate Read second time SJ-75
06/02/98 Senate Unanimous consent for third reading on next
legislative day SJ-75
06/03/98 Senate Read third time and enrolled
06/04/98 Ratified R 494
06/10/98 Signed By Governor
06/10/98 Effective date 06/10/98
06/18/98 Copies available
06/18/98 Act No. 365
(A365, R494, H5015)
AN ACT TO AMEND ARTICLE 9, CHAPTER 11, TITLE 55,
CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
PEE DEE REGIONAL AIRPORT DISTRICT, SO AS TO CHANGE
THE COMPOSITION OF THE GOVERNING BODY BY REMOVING
DARLINGTON COUNTY FROM MEMBERSHIP ON THE
GOVERNING BODY; REDUCE THE JURISDICTION OF THE
DISTRICT BY REMOVING DARLINGTON COUNTY; LIMIT THE
NUMBER OF TERMS A MEMBER MAY SERVE; AUTHORIZE THE
GOVERNING BODIES OF THE COUNCILS COMPOSING THE
AUTHORITY TO INCREASE THE AMOUNT OF COMPENSATION
OF MEMBERS OF THE AUTHORITY; AUTHORIZE THE
AUTHORITY TO LICENSE, LEASE, SUBLEASE, RENT, SELL, OR
OTHERWISE PROVIDE FOR THE USE OF REAL PROPERTY IN
ADDITION TO OTHER PROPERTY; DELETE THE POWER OF THE
AUTHORITY TO DEVELOP AN INDUSTRIAL OR BUSINESS
PARK; DELETE THE POWER TO DIRECT THE AUDITORS OF THE
COUNTIES COMPOSING THE AUTHORITY TO LEVY A TAX ON
THE PROPERTIES WITHIN THE DISTRICT; AUTHORIZE THE
AUTHORITY TO DEVELOP LANDS LEASED BY, SUBLEASED BY,
OWNED BY, OR UNDER THE JURISDICTION OF THE
AUTHORITY; PROVIDE THAT ALL FINES AND FORFEITURES
COLLECTED UNDER THIS ARTICLE MUST BE FORWARDED TO
THE COUNTY WHERE THE FINAL DISPOSITION OF THE CASE IS
MADE INSTEAD OF TO THE DISTRICT; DELETE PROVISIONS
RELATING TO THE AUTHORITY DEPOSITING OR EXPENDING
MONIES, ACCEPTING DONATIONS, ISSUING NEGOTIABLE
INSTRUMENTS, AND THE AUTHORITY TO ISSUE BONDS;
CHANGE THE USES OF REVENUES DERIVED BY THE
AUTHORITY FROM THE OPERATION OF REVENUE PRODUCING
FACILITIES; DELETE PROVISIONS WHICH PROHIBITED THE
AUTHORITY FROM CONSTITUTING ALL OR PART OF THE
LANDS OWNED BY, LEASED BY, SUBLEASED BY, OR UNDER
THE JURISDICTION OF THE AUTHORITY AS AN INDUSTRIAL OR
BUSINESS PARK UNDER THE PROVISIONS OF SECTION 13 OF
ARTICLE VIII OF THE CONSTITUTION OF SOUTH CAROLINA,
1895; DELETE THE PROVISION RELATING TO THE
ESTABLISHMENT OF INDUSTRIAL OR BUSINESS PARK; AND TO
PROVIDE THAT NOTHING IN THIS ARTICLE SHALL PROHIBIT
ANNEXATION BY THE CITY OF FLORENCE OF THE PROPERTY
OF THE DISTRICT.
Be it enacted by the General Assembly of the State of South Carolina:
Pee Dee Regional Airport District
SECTION 1. Article 9, Chapter 11, Title 55 of the 1976 Code is
amended to read:
Article 9
Florence, Marion,
and Dillon Counties
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 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, 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 55-11-660. 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 annexation
by the City of Florence of the property of the district.
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 10th day of June, 1998. |