SECTION 1272. Article 1, Chapter 1, Title 51 of the 1976 Code is amended to read:
"Article 1
General Provisions
Section 51-1-10. There is hereby created the Department of Parks, Recreation and Tourism which shall be a body corporate. The department shall be headed by a Director to be appointed by the Governor with the advice and consent of the Senate. The director shall be selected with special reference to his executive ability and experience and shall be vested with the duty and authority to oversee, manage, and control the operation, administration, and organization of the department subject only to the laws of this State and the United States. The director is subject to removal by the Governor as provided in Section 1-3-240(B).
Section 51-1-20. The director shall employ such employees as may be necessary to operate the department commensurate with funds available. The employees, including the deputy directors, shall serve at the pleasure of the director.
Section 51-1-30. The department shall be composed of the Division of Travel and Tourism which shall advertise, promote and encourage travel and tourist industry for the State; a Division of Parks and Recreation which shall develop and promote state parks and provide recreational programs in such areas; and other divisions which may be provided for by the General Assembly. Each division may be headed by a deputy director who shall be knowledgeable, either by training or experience, in the requirements of the division he is to direct.
Section 51-1-40. The department may make a reasonable charge for admission to park and recreational facilities, which funds will be used for park and recreational operations.
Section 51-1-50. Notwithstanding any other provision of law to the contrary, information centers shall be staffed by persons hired and paid by the Department of Parks, Recreation and Tourism.
Section 51-1-60. The department may contract, be contracted with, use a common seal, and make and adopt regulations. No regulation may be promulgated affecting hunting and fishing except as provided in Section 51-3-145. The department may accept gifts and acquire by gift, purchase, or otherwise real estate and other property, but no real estate may be purchased or disposed of by the department except on approval of the State Budget and Control Board. The department shall keep accurate records showing in full the receipts and disbursements and the records must be open at any reasonable time to inspection by the public. The department shall submit annually to the General Assembly and the Budget and Control Board reports the board requires. The department shall have the following duties and responsibilities in addition to such other functions as may, from time to time, be assigned by legislative action or by the State Budget and Control Board: (a) to promote, publicize and advertise the state's tourist attractions; (b) to promote the general health and welfare of the people of the State by developing and expanding new and existing recreational areas, including the existing State Park System; (c) to develop a coordinated plan utilizing to best advantage the natural facilities and resources of the State as a tourist attraction, recognizing that the State has within its boundaries mountainous areas and coastal plains, each of unsurpassed beauty, which with the easy accessibility now existing and being provided, has the potential of attracting many visitors in all seasons to take advantage of the natural scenery, the outdoor sports, including hunting, fishing and swimming, together with other recreational activities such as golfing, boating and sightseeing; (d) to include in its plan the preservation and perpetuation of our state's rich historical heritage by acquiring and owning, recognizing, marking and publicizing areas, sites, buildings and other landmarks and items of national and statewide historical interest and significance to the history of our State. No area, site, building, or other landmark shall be acquired for its historical significance without the approval of the Commission of Archives and History. (e) to use all available services of the several agencies in the management of timber and game and such agencies when requested by the director shall render such cooperation and assistance as may be necessary; provided, that the State Forestry Commission shall continue the forestry program authorized under the provisions of Section 48-23-270. (f) to lease or convey portions of lands under its jurisdiction to municipalities and other political subdivisions charged with the responsibility of providing parks and recreation facilities; provided, that all such leases shall contain a clause to the effect that if such property ceases to be used as a recreation or park facility the lease shall be void and in the event of a conveyance the deed shall contain a clause providing that if such property ceases to be used as a recreation or park facility the title to such property shall revert to the department. All plans for the development of such lands shall be subject to the approval of the department and it shall retain the right to inspect such lands at such times as it considers necessary to determine if such lands are being used for parks and recreation. (g) to borrow from time to time from any source available such sums of money as the department at its discretion deems advisable at interest rates approved by the Budget and Control Board for the purposes of acquisition, construction, development and maintenance of such lands and facilities as the director is empowered to operate and issue evidences of such indebtedness thereof in the form of notes or bonds as may be determined by the director. The department may secure any sums borrowed under the terms hereof by mortgage of any property or facilities owned by it and it may pledge any and all income from any of its properties or facilities. The State is in no manner liable for any debt incurred under the terms hereof but all such obligations shall be met by the department out of moneys coming into its hands from the property and facilities so pledged; (h) to enter into contracts with the United States Government, its various departments and agencies for the purpose of obtaining funds, property or any other purpose which will assist the department in carrying out the provisions for which it has been created; (i) to allocate funds made available to the department, other than funds specifically allocated to it by legislative appropriation or bond authorization, for development and improvement of park properties in the state system and historic sites approved by the Director of the Department of Parks, Recreation and Tourism and the South Carolina Archives and History Commission. The Department of Parks, Recreation and Tourism shall study and ascertain the state's present park, parkway and outdoor recreational resources and facilities, the need for such resources and facilities, and the extent to which these needs are now being met. A survey shall be included to determine the land suitable and desirable to be acquired as a part of the state park and outdoor recreational system, due consideration being given to the scenic, recreational, archaeological, and other special features attractive to out-of-state visitors and to the people of the State. The results of this survey and study should be reported to the Governor and the General Assembly at the earliest practicable time.
Section 51-1-70. All funds allocated to the various state departments for parks, tourism or recreation shall be transferred by the State Budget and Control Board to the Department of Parks, Recreation and Tourism.
Section 51-1-75. (A) The annual revenue derived from Section 12-21-2420 which exceeds four million dollars for fiscal year 1991-92 and five million dollars for fiscal year 1992-93 and after that year, subsequent to the allocation of revenue for use for the commercial fisheries division, must be allocated to the Department of Parks, Recreation and Tourism. (B) The funds allocated to the Department of Parks, Recreation and Tourism from the revenues collected from admission tax fees in Section 12-21-2420 must be used to advertise and promote the tourism industry of the State. The advertising and promotion activities must include paid media advertising and other promotional projects of the department and establishment by the department of a matching funds program to assist local tourism promotion organizations in the State. Guidelines for the programs must be formulated by the department and the Joint Committee on Tourism and Trade.
Section 51-1-80. The Department of Parks, Recreation and Tourism is authorized to cooperate and enter into certain contracts with political subdivisions of this State.
Section 51-1-90. All powers, duties, assets, liabilities, and properties of the South Carolina Recreation Commission, as created by Act 1037 of 1966, are transferred to the State Department of Parks, Recreation and Tourism to be incorporated into the Department as a separate division thereof. The recreation division shall be assigned such functions and responsibilities as the Director of the Department may prescribe including, but not limited to, those formerly exercised by the South Carolina Recreation Commission."
Reference revised
SECTION 1273. Section 51-1-75(A) of the 1976 Code is amended to read:
"(A) The annual revenue derived from Section 12-21-2420 which exceeds four million dollars for fiscal year 1991-92 and five million dollars for fiscal year 1992-93 and after that year, subsequent to the allocation of revenue for use for the Marine Resources Division of the Department of Natural Resources, must be allocated to the Department of Parks, Recreation and Tourism."
Division of Community Development
SECTION 1274. Chapter 1, Title 51 of the 1976 Code is amended by adding:
"Article 3
Division of Community Development
Section 51-1-300. The Division of Community Development is a Division of Parks, Recreation and Tourism. The administration and management of the division is committed to the deputy director of the division.
Section 51-1-310. The division shall promote economic diversity in all areas of the State by extending to them the full benefits of tourism and recreation development. The division shall coordinate and act as a liaison with regional tourism organizations, local chambers of commerce, development agencies and other federal, state, regional and local agencies and organizations to promote economic and business development, the expansion of tourism, recreation, cultural, retirement, and heritage events. The division shall have such additional duties and responsibilities as may be assigned by the director of the department."
Film Office Division
SECTION 1275. Chapter 1, Title 51 of the 1976 Code is amended by adding:
"Article 5
Film Office Division
Section 51-1-500. All powers, duties, assets, liabilities, records, personnel, unexpended appropriations, and properties of the South Carolina Film Office, as a division of the State Development Board, shall be transferred to the control of the State Department of Parks, Recreation and Tourism to be incorporated into a Film Office Division. The Film Office Division shall be assigned such functions and responsibilities as the director of the department may prescribe including, but not limited to, those formerly exercised by the South Carolina Film Office, as a division of the State Development Board.
Section 51-1-510. (A) The administration and management of the division is committed to the deputy director. (B) The duties of the division include, but are not limited to: (1) recruiting and facilitating motion picture production; (2) recruiting motion picture production and support companies and facilities; (3) taking steps necessary to foster the economic and cultural development of the indigenous motion picture industry. (C) In accordance with law, the division may: (1) control the expenditure of public funds appropriated to the division; (2) enter into contracts, within the amount made available by appropriation for contracts, with individuals, organizations, and institutions for services furthering the objectives of the division's programs, and with local and regional associations for cooperative endeavors furthering the objectives of the division's programs; (3) accept gifts, contributions, and bequests of an unrestricted nature from individuals, foundations, corporations, and other organizations and institutions for the purpose of furthering the objectives of the division's programs; (4) purchase and own real and personal property; (5) make and sign agreements; (6) perform acts necessary, desirable, or proper to carry out the duties of the division; (7) request and receive from any department or agency of the state assistance and data to enable it to carry out its powers and duties; (8) receive and disburse funds which may be made available by the federal government for programs related to motion picture production and related activities."
References revised
SECTION 1276. Section 51-3-145 of the 1976 Code is amended to read:
"Section 51-3-145. It shall be unlawful for any person to commit any of the following acts at any park or facility under the jurisdiction of the Department of Parks, Recreation and Tourism: (A) Destroying, defacing, disturbing, disfiguring, or removing any part of any building, sign, structure, or equipment. (B) Killing, harming, or harassing any mammal, bird, reptile, or amphibian, except by permit issued by the department or by permit issued by the South Carolina Department of Natural Resources for designated Game Management Areas. (C) Hunting in any area, with the exception of those that may be designated as Game Management Areas. (D) Destroying, cutting, breaking, removing, defacing, mutilating, injury, taking or gathering any tree, shrub, other plant or plant part, rock, mineral, or geological feature except by permit issued by the department. (E) Building any fire in any place other than those specifically designated for such a purpose. (F) Disposing of litter, garbage, or other refuse in places or receptacles other than those specifically provided for such purpose. Such unlawful disposing of litter, garbage, or refuse shall include: (1) Dumping any refuse or waste from any trailer or other vehicle except in places or receptacles provided for such use. (2) Cleaning fish, or food, or washing clothing, or articles for household use in any sink, or at any faucet located in restrooms. (3) Polluting or contaminating any water used for human consumption. (4) Using park refuse containers or facilities for dumping household or commercial garbage or trash brought as such from private property. (5) Depositing, except into receptacles provided for that purpose, any body waste, or depositing any bottles, cans, clothes, rags, metal, wood, stone, or other damaging substance in any fixture in any restroom, or other structure. (G) Possessing any firearm, airgun, explosive, or firework except by duly authorized park personnel, law enforcement officers, or persons using areas specifically designated by the department for use of firearms, airguns, fireworks, or explosives. Licensed hunters may have firearms in their possession during hunting seasons provided that such firearms are unloaded and carried in a case or the trunk of a vehicle except that in designated Game Management areas where hunting is permitted, licensed hunters may use firearms for hunting in the manner authorized by law. (H) Operating vehicles in a reckless manner, or in excess of posted speed limits, or in areas other than those specifically intended for vehicular traffic. A violation of the following provisions shall constitute the unlawful operating of vehicles: (1) Motorbikes, minibikes, mopeds, motorcycles, motor scooters, go-carts and any other type motorized vehicle shall not be driven in any area or on any trail not intended for their use. Only licensed motorized vehicles shall be allowed on park roads. (2) No motorized vehicle of any kind shall be allowed on horse trails, hiking trails or beach areas. (3) Motor vehicles shall not be driven on roads in developed recreation sites for any purpose other than access into or egress out of the site. (4) No motorized vehicle of any kind shall be operated at any time without a muffler in good working order, or in such a manner as to create excessive or unusual noise, or annoying smoke, or using a muffler cut-off, by-pass, or similar device. (5) No person shall excessively accelerate the engine of a motor vehicle or motorcycle when such vehicle is not moving or is approaching or leaving a stopping place. (6) Vehicles shall not be permitted in a cabin or camping area unless the operator thereof is a registered guest within the area, except for the expressed intent of renting such area or with prior permission of authorized park officials. (I) Using privately owned boats or gasoline motors on any waters lying wholly within the boundaries of the park or facility, except in water where specifically authorized, and in such case boat users shall obey all posted rules and regulations. (J) Consuming or displaying in public any beverage of alcoholic content, including beer and wine, except where specifically authorized by the department. (K) Acting in a disorderly manner or creating any noise which would result in annoyance to others. Acting in a disorderly manner shall include inciting or participating in riots, or indulging in boisterous, abusive, threatening, indecent, or disorderly conduct. In addition to other authorized penalty provisions anyone in violation of this subsection may be ejected from the park and shall not be entitled to a refund of any fee or rental. (L) Entering or remaining within the limits of the park or facility while in an intoxicated or drugged condition. (M) Operating or using audio device, including radio, television, musical instruments, or any other noise producing devices, such as electrical generators, and equipment driven by motor engines, in such a manner and at such times as to disturb other persons and no person shall operate or use any public address system, whether fixed, portable, or vehicle mounted, except when such use or operation has been approved by the department. (N) Engaging in or soliciting business within a park or facility except where authorized by the department and no person shall distribute, post, place, or erect any bills, notices, paper, or advertising device, or matter of any kind without consent of the department. (O) Swimming in areas not designated for the purpose and failing to obey all posted rules while swimming. (P) Bringing a dog or any other animal into the park or facility unless it is crated, caged, or upon a leash not longer than six feet or otherwise under physically restrictive control at all times. For this purpose: (1) No person shall keep in the park or retain in the park a noisy, vicious, or dangerous dog or animal, or one which is disturbing to other persons after he has been asked by a park official to remove such animal. (2) No person shall bring saddle, pack, or draft animals into a site which has not been developed to accommodate them. (Q) Entering a facility or area without regard to restrictions on public use. These restrictions on public use shall include the following provisions and a violation of such provisions shall be considered to be a violation of this subsection: (1) Parks shall be open during daylight hours except where otherwise specifically authorized and no person shall be admitted to or allowed to remain in the park after the designated closing hour except for the purpose of cabin rentals or camping unless such person has permission of the department. (2) No person shall make, use, or gain admittance to, or attempt to use, or gain admittance to facilities within any park, for which a charge is made, without paying the fee. (3) No person shall remain within any facility if he refuses to pay the required fee to enter and use the facility or service in a posted, designated fee area. (4) No person shall enter any park, or any park area, or facility when it is closed to the public. (5) No person shall willfully provide erroneous information for any campsite or cabin registration. (6) Minors under eighteen years of age shall register for a cabin or campsite only as agents acting for their parent or guardian. (7) No person or persons shall occupy a campsite for a consecutive period longer than fourteen days without permission from the department. (8) No person or persons shall occupy a cabin or lodge room for a consecutive period longer than seven days without permission from the department. (R) No person shall take fish from a lake, pond, or other waters wholly located within the boundary of a state park except in accordance with methods, limits, and times permitted by the department. The methods, limits, and times must be published and displayed in a conspicuous manner to provide notice to the visiting public. The articles and acts prohibited by this section shall be published and displayed in conspicuous places so as to be available for visitors and employees."
Reference revised
SECTION 1277. Section 51-3-160 of the 1976 Code is amended to read:
"Section 51-3-160. The Department of Corrections and the Department of Natural Resources are hereby authorized to cooperate in the development of public recreation facilities and to exchange funds where mutually beneficial to both departments and accept matching federal funds."
Organization of Recreation Land Trust Fund revised
SECTION 1278. Chapter 11 of Title 51 of the 1976 Code is amended to read:
"CHAPTER 11
Recreation Land Trust Fund
Section 51-11-10. There is hereby created the Recreation Land Trust Fund, hereafter referred to as the trust fund, which shall be kept separate from any other funds of the State. The trust fund shall be under the control of and administered by the Director of the Department of Parks, Recreation and Tourism for the purposes of acquiring recreational lands, the development of utilities and roads on lands owned or controlled by the department, and for such related professional and technical services, legal fees, court costs or such other costs as may be involved in the acquisition and development of such lands. The State Treasurer shall be the custodian of the fund, and all moneys and securities in the fund shall be held in trust by the State Treasurer.
Section 51-11-15. The Director of the Department of Parks, Recreation and Tourism may make grants to local governments from the Recreation Land Trust Fund for the acquisition of recreational lands in accordance with guidelines to be promulgated by the department.
Section 51-11-20. No funds provided for in this chapter shall be expended to acquire property by eminent domain nor shall such funds be expended for any property without the approval of the State Budget and Control Board. The moneys in the trust fund shall be carried forward each year and used only for the purposes provided for in this chapter.
Section 51-11-30. The State Treasurer shall transfer to the Department of Parks, Recreation and Tourism that portion of the former Tricentennial Fund consisting of nine hundred eighty-two thousand, seven dollars and fifty cents recovered in litigation as a result of defects in certain buildings owned by the former Tricentennial Commission. Five hundred thousand dollars of such moneys shall be deposited in the trust fund and the balance shall be used by the department for capital improvements as it sees fit.
Section 51-11-40. The department shall file a copy of its South Carolina Outdoor Recreation Plan of 1970 with the Secretary of State. The plan, and amendments thereto, and such formulas and priorities promulgated by the department for the purpose of administering it, shall serve as a guide for the expenditure of these funds.
Section 51-11-50. No funds provided for in this chapter shall be expended without prior approval of the State Budget and Control Board.
Section 51-11-60. The Department of Parks, Recreation and Tourism shall report by letter to the General Assembly not later than January fifteenth of each year all funds expended pursuant to this chapter for the previous year, including the amount of such funds expended and the uses to which such expenditures were applied."
References revised
SECTION 1279. Section 51-15-540 of the 1976 Code is amended to read:
"Section 51-15-540. For tax purposes these properties, whether owned by the municipality or by a corporation created by the municipality, shall be considered just as other municipal property.
References revised
SECTION 1280. Section 51-17-10 of the 1976 Code is amended to read:
"Section 51-17-10. The following words or phrases have the definition given unless clearly specified otherwise: 1. `Department' means the Department of Natural Resources. 2. `Board' means the Heritage Trust Advisory Board. 3. `Natural area' means an area of land or water, or a combination thereof, generally, but not necessarily, large in size. Such an area may be in public or private ownership and shall contain relatively undisturbed ecosystems, landforms, threatened, endangered, or unique plant life, or animal habitats, or other unusual, or outstanding scientific, educational, aesthetic, or recreational characteristics. 4. `Natural feature' means an area of land or water, or a combination thereof, which is generally, but not necessarily, small in size. Such area may be in public or private ownership and shall contain or consist of outstanding remnants or natural elements of surviving undisturbed natural ecosystems such as record size individual species of plant life, nests or rookeries, geological formations, or objects of special scientific, educational, aesthetic, or recreational character. 5. `Cultural area or feature' means an area or feature which provides an outstanding example of our historical or archeological heritage. Such an area or feature shall be a site of special historic interest or contain outstanding remnants or elements of the way of life and significant events of our past so that through their preservation and the restoration of related existing structures, or the development of a historic area, as well as through study, investigation and examination of the material remains in that life, a record may be preserved of the interrelationship and effect between man's activities and his surrounding environment. A cultural area or feature may be one that is either publicly or privately owned. 6. `Heritage Preserve' means a natural or cultural area or feature which is "dedicated" under this chapter. 7. `Heritage Site' means a natural or cultural feature which has been recognized as such through `registration' under this chapter. 8. `Dedicate or dedication' means the process by which any natural or cultural area or feature shall be established as a Heritage Preserve in accordance with the procedures set out in S 51-17-80. Dedication may result from either of the following methods, but no power of eminent domain is hereby conferred or granted to the commission, advisory board, or the department under this chapter: (a) `Acquisition' means the establishment of a Heritage Preserve whereby the owner of a natural or cultural area or feature transfers the fee simple interest therein to the commission for such purpose; or (b) `Acceptance' means the establishment of a Heritage Preserve whereby the owner of a natural or cultural area or feature transfers less than the fee simple interest therein to the commission for such purpose. Examples are granting of a "conservation or open space easement" or the transfer of title subject to a life estate or reverter. Interests in real estate of a term of years shall not qualify for dedication under this chapter. 9. `Register' or `registration' means the process by which the owner of a natural or cultural feature shall enter into a written agreement with the commission recognizing the unique and outstanding characteristics thereof in accordance with the procedures set out in Section 51-17-100. 10. `Priority areas and features list' means the list made up of those areas and features recommended by the board, and approved by the commission, under this chapter whose preservation is of primary importance to the goals and purposes of this chapter and which are, therefore, eligible to be included as Heritage Preserves and Sites. 11. `The Heritage Trust Program' means the entire system established under this chapter to provide for the inventorying, preservation, use and management of unique and outstanding natural or cultural areas and features in this State. The term "Heritage Trust" means the legal trust which is created under Section 51-17-90."
Organization of Heritage Trust Advisory Board revised
SECTION 1281. Section 51-17-50 of the 1976 Code of Laws is amended to read:
"Section 51-17-50. The Heritage Trust Advisory Board is hereby created to assist the board of the department in carrying out its duties and responsibilities under this chapter. The advisory board shall consist of seventeen members who shall be chosen as follows and shall elect from its membership a chairman: 1. From the general public, six persons, one from each congressional district within the State, who shall be appointed by the Governor and serve for a term of six years. Of these six, four persons shall be from the scientific community who are recognized and qualified experts in the ecology of natural areas, and two persons shall be from the cultural community who are recognized and qualified experts in the history and archeology of the State. The term `expert' does not of necessity denote a professional but one learned and interested in the field. 2. From state government, the following persons or their designees: A. The Chairman of the Wildlife and Marine Resources Commission; B. The Executive Director of the Wildlife and Marine Resources Department; C. The Director of the South Carolina Department of Parks, Recreation and Tourism; D. The Director of the South Carolina Land Resources Conservation Commission; E. The Director of the South Carolina Department of Archives and History; F. The State Forester; G. The State Archeologist; H. The Director of the State Museum; and I. The Director of the Department of Commerce. Provided, however, of the initial appointees under this section, that of the six persons appointed under Item 1 above, two shall serve for a term of two years, two for a term of four years, and two for a term of six years."
Organization of Heritage Trust Advisory Board revised
SECTION 1282. Chapter 17, Title 51 of the 1976 Code is amended to read: "CHAPTER 17
Heritage Trust Program
Section 51-17-10. The following words or phrases have the definition given unless clearly specified otherwise: 1. `Board of the department' means the governing board of the Department of Natural Resources. 2. `Department' means the Department of Natural Resources. 3. `Advisory board' means the Heritage Trust Advisory Board. 4. `Natural area' means an area of land or water, or a combination thereof, generally, but not necessarily, large in size. Such an area may be in public or private ownership and shall contain relatively undisturbed ecosystems, landforms, threatened, endangered, or unique plant life or animal habitats, or other unusual or outstanding scientific, educational, aesthetic, or recreational characteristics. 5. `Natural feature' means an area of land or water, or a combination thereof, which is generally, but not necessarily, small in size. Such area may be in public or private ownership and shall contain or consist of outstanding remnants or natural elements of surviving undisturbed natural ecosystems such as record size individual species of plant life, nests or rookeries, geological formations, or objects of special scientific, educational, aesthetic, or recreational character. 6. `Cultural area or feature' means an area or feature which provides an outstanding example of our historical or archeological heritage. Such an area or feature shall be a site of special historic interest or contain outstanding remnants or elements of the way of life and significant events of our past so that through their preservation and the restoration of related existing structures, or the development of a historic area, as well as through study, investigation and examination of the material remains in that life, a record may be preserved of the interrelationship and effect between man's activities and his surrounding environment. A cultural area or feature may be one that is either publicly or privately owned. 7. `Heritage Preserve' means a natural or cultural area or feature which is `dedicated' under this chapter. 8. `Heritage Site' means a natural or cultural feature which has been recognized as such through `registration' under this chapter. 9. `Dedicate or dedication' means the process by which any natural or cultural area or feature shall be established as a Heritage Preserve in accordance with the procedures set out in Section 51-17-80. Dedication may result from either of the following methods, but no power of eminent domain is hereby conferred or granted to the board of the department, the advisory board, or the department under this chapter: (a) `Acquisition' means the establishment of a Heritage Preserve whereby the owner of a natural or cultural area or feature transfers the fee simple interest therein to the board of the department for such purpose; or (b) `Acceptance' means the establishment of a Heritage Preserve whereby the owner of a natural or cultural area or feature transfers less than the fee simple interest therein to the board of the department for such purpose. Examples are granting of a `conservation or open space easement' or the transfer of title subject to a life estate or reverter. Interests in real estate of a term of years shall not qualify for dedication under this chapter. 10. `Register' or `registration' means the process by which the owner of a natural or cultural feature shall enter into a written agreement with the board of the department recognizing the unique and outstanding characteristics thereof in accordance with the procedures set out in Section 51-17-100. 11. `Priority areas and features list' means the list made up of those areas and features recommended by the advisory board, and approved by the board of the department, under this chapter whose preservation is of primary importance to the goals and purposes of this chapter and which are, therefore, eligible to be included as Heritage Preserves and Sites. 12. `The Heritage Trust Program' means the entire system established under this chapter to provide for the inventorying, preservation, use and management of unique and outstanding natural or cultural areas and features in this State. The term `Heritage Trust' means the legal trust which is created under Section 51-17-90.
Section 51-17-20. The General Assembly finds that as a part of the continuing growth of the population and the development of the economy of the State it is necessary and desirable that portions of the state's rich natural and cultural diversity be set aside as Heritage Preserves and Sites and protected for the benefit of present and future generations, for once disturbed they cannot be wholly restored. Such areas and features are irreplaceable as laboratories for scientific research; as reservoirs of natural materials for which the value and usefulness thereof is not yet fully known; as habitats for rare and vanishing species; and as living museums where people may observe natural biotic and environmental systems and as areas for study and enjoyment as examples of the lands, structures and related artifacts which represent significant parts of our historical and cultural heritage. While a number of independent and differing efforts, both private as well as governmental, have been initiated to protect some of these assets, a coordinated and concerted program is needed in order to avoid duplication among these and other valuable activities and to ensure the maximum conservation of these resources through the establishment of a more effective and adequate official legal mechanism for identifying, recognizing, and protecting such areas for their outstanding characteristics. While the preservation of all of these assets in their natural state is both impractical and often not necessarily in the total best interest of the State and the public, they exist in limited and decreasing quantities. The time is now for a decision to be made as to which of these areas and sites deserve increased protection and for selecting the most appropriate means for doing so. It is therefore the public policy of this State to secure for the people, both present and future generations, the benefits of an enduring resource of natural and cultural areas and features by establishing a system of Heritage Preserves and Sites; protecting this system; gathering and disseminating information regarding it; establishing and maintaining a listing of Heritage Preserves and Sites; and otherwise encouraging and assisting in the preservation of natural and cultural areas and features of this State.
Section 51-17-30. The Heritage Trust Program is created to achieve the following goals by protecting lands and making them available to state agencies, educational institutions, and public and private groups for the following purposes: 1 For research in such fields as archeology, agriculture, conservation, ecology, forestry, genetics, geology, history, paleontology, pharmacology, soil science, taxonomy, and similar fields by governmental employees, educational and scientific groups as well as by private individuals. 2. For the teaching of archeology, biology, conservation, ecology, geology, history, natural history, and other subjects. 3. As habitats and places for maintaining plant and animal species in communities. 4. As reservoirs of natural and cultural materials. 5. As places of natural and cultural interests and beauty whereby through visitation the public may observe, value, and enjoy natural and cultural processes and events. Unique recreational opportunities of a type not generally available through the existing State Park System may be provided, including outdoor sporting usage such as hunting and fishing as well as aesthetics, where wholly compatible and consistent with the character of the area or feature. 6. As benchmarks against which to measure such processes or events as well as the environmental degradation from natural and unnatural influences. 7. To promote the understanding and appreciation of the aesthetic, cultural, and scientific values of such areas and features by the people of the State. 8. For the preservation and protection of Heritage Preserves and Sites against modification or encroachment resulting from occupation, development, or other uses which would destroy their natural and cultural character. 9. As places for maintaining representative lands and related structures which illustrate periods, events, styles, and uses of the land in our state's historic and cultural heritage.
Section 51-17-40. The board of the department shall have the following duties, responsibilities, and powers under this chapter: 1. To serve as trustee of the trust created under this chapter and to carry out the powers, duties, and responsibilities thereunder; 2. To supervise the establishment, updating and maintenance of a statewide inventory of the natural and cultural resources and the maintenance of a list of those areas and features selected or established under this chapter as priority areas and features or as Heritage Preserves and Sites; 3. To select from the recommendations of the advisory board those natural and cultural features, the preservation of which is of primary importance to the goals and purposes of this chapter, and to classify such as priority areas and features; 4. To select from the recommendations of the advisory board those priority areas and features which should be dedicated or recognized as Heritage Preserves or Sites, and thereafter to establish as such through dedication or recognition; 5. To select from the recommendations of the advisory board those Heritage Preserves, interests therein or portions thereof, deserving of protection under the Heritage Trust and thereafter to transfer same into the corpus of the trust. 6. To conduct public hearings on the question of whether any particular natural or cultural area or feature should be established as a Heritage Preserve or Site, or on the uses or nonuses which shall apply to any area dedicated under the Heritage Trust Program; 7. To manage or provide for the management of Heritage Preserves through the promulgation of rules and regulations designed to preserve the primary natural character of such areas or features and to provide the maximum public usage thereof which is compatible and consistent with the character of the area. Management duties and responsibilities may be assigned to any governmental or private group, with its consent, with respect to any particular Heritage Preserve; 8. To cooperate with and to enter into agreement with other state, federal, county, and local units of government as well as private groups for the promotion of the purposes of this chapter including the carrying out of other requirements under federal and state law. 9. To report annually to the Governor and to the General Assembly as to the activities of the Heritage Trust Program and its future plans, and to make any specific recommendations which it feels, if implemented, would assist in achieving the goals and purposes of this chapter.
Section 51-17-50. The Heritage Trust Advisory Board is hereby created to assist the board of the department in carrying out its duties and responsibilities under this chapter. The advisory board shall consist of seventeen members who shall be chosen as follows and shall elect from its membership a chairman: 1. From the general public, six persons, one from each congressional district within the State, who shall be appointed by the Governor and serve for a term of six years. Of these six, four persons shall be from the scientific community who are recognized and qualified experts in the ecology of natural areas, and two persons shall be from the cultural community who are recognized and qualified experts in the history and archeology of the State. The term `expert' does not of necessity denote a professional but one learned and interested in the field. 2. From state government, the following persons or their designees: A. The Chairman of the board of the Department of Natural Resources; B. The Director of the Department of Natural Resources; C. The Director of the South Carolina Department of Parks, Recreation and Tourism; D. The Director of the Land Resources Conservation Districts Division of the Department of Natural Resources; E. The Director of the South Carolina Department of Archives and History; F. The State Forester; G. The State Archeologist; H. The Director of the State Museum; and I. The Director of the Department of Commerce. Provided, however, of the initial appointees under this section, that of the six persons appointed under Item 1 above, two shall serve for a term of two years, two for a term of four years, and two for a term of six years.
Section 51-17-60. The Heritage Trust Advisory Board shall have the following powers and duties: 1. To review the inventories prepared and submitted by the department and other state agencies as well as other appropriate sources of information and to recommend therefrom to the board of the department the selection of those areas and features as priority areas and features that it deems to be of primary importance to the goals and purposes of this chapter. 2. To evaluate, review and examine proposals of the department and other state agencies as well as citizen recommendations for the dedication or recognition of specific areas and features as Heritage Trust Preserves and Sites, and from its expertise to recommend to the board of the department the dedication or recognition of such areas and features which it feels proper. 3. To recommend to the board of the department any rules, regulations, management criteria, allowable uses and such which the advisory board feels would be beneficial to carrying out the goals and purposes of this chapter. 4. To appoint technical committees consisting of experts in specialty areas dealing with the ecology, history, and archeology of our State and any other type committees that the advisory board feels can be of assistance in fulfilling its duties and responsibilities under this chapter. 5. To assist in maintaining a list of areas and sites which through dedication become Heritage Trust Preserves or Sites and to make public information regarding their location, management, regulation, and permissible public uses and the like. 6. To authorize research and investigation for inventory and assessment purposes, including the reasonable right of entry and inspection, and to disseminate information and recommendations pertaining to natural and related cultural areas and features.
Section 51-17-70. The department shall act as the basic staff for the board of the department and the advisory board and shall have the following powers and duties: 1. The director shall select a member of his staff who shall be primarily responsible for the administration of the Heritage Trust Program. 2. The department shall supply such other staff and support services as the board of the department and the advisory board require to fulfill their duties and responsibilities under this chapter. 3. The department shall maintain a public record of any inventories or lists established under this chapter. 4. The department shall work with owners, both public and private, in the development of proposals for the dedication and recognition of natural and cultural areas and features as Heritage Preserves and Sites, and it shall keep the advisory board informed of the same in order that therefrom the advisory board may make recommendations to the board of the department as provided under this chapter. 5. The department shall consult with and work in cooperation with the Department of Archives and History, the State Archeologist, the Department of Parks, Recreation and Tourism and any other state, county, or local unit of government, or any private entity, or group which is or should be directly involved in the Heritage Trust Program as well as in any particular efforts to preserve or protect any specific area or feature under the provisions of this chapter. In all cases, the department shall attempt to avoid duplication of effort with other agencies and groups and shall have no mandatory authority hereunder to require action by any such body.
Section 51-17-80. Upon recommendation of the advisory board and approval by the board of the department, any area or feature on the `Priority Areas and Features List' may be established as a Heritage Preserve through the process of dedication. In addition to the transfer of either the fee simple interest or a lesser interest therein such as an open space easement, the owner of any such area or feature must enter into a written `Dedication Agreement' with the department whereby any restrictions, conditions, permissive and nonpermissive uses of the area or feature involved are clearly stated. Once the necessary deed, easement or the like has been filed along with the `Dedication Agreement' in the real estate records for the county in which the area or feature is located, the process of dedication shall be complete and a Heritage Preserve shall have formally been established. No area or feature of primarily cultural significance or character shall be dedicated unless the Archives and History Commission approves thereof. The following restrictions shall apply to all Heritage Preserves: 1. The primary dedication as a Heritage Preserve shall be to preserve and protect the natural or cultural character of any area or feature so established. The board of the department and its agents shall in all cases maintain the essential character of any area or feature dedicated, and as such they are hereby declared to be at their highest, best and most important use for the public benefit. No Heritage Preserve shall be taken for any other public purpose unless the approval of both the board of the department and the Governor has been obtained. In no case shall any Heritage Preserve be taken for any private use. 2. An acquisition by dedication shall be in perpetuity. 3. In any case where an area or feature is dedicated as a Heritage Preserve through acceptance of less than the fee simple interest therein, no management of such property shall be performed by state agencies or their employees and no public funds shall be utilized in the upkeep or general maintenance of such property; provided, in the case where public usage of such area or feature is compatible and consistent with the natural character of the property and the owner is agreeable to allow such as defined under this chapter, reasonable costs of maintenance and management may be borne by the State. 4. No acquisition of any area or feature as a Heritage Preserve shall be allowed whereby the department receives the fee simple interest in the property while the grantor or transferor retains the beneficial use or interests in the land except where total and complete public usage of the area or feature as allowed under this chapter is agreed to in the `Dedication Agreement'. 5. Within ninety days from the date of the completion of the dedication process by which an area or feature is established as a Heritage Preserve, or as soon thereafter as possible, the department shall recommend a management plan for the area or feature concerned. Such proposed plan shall include recommendations as to the uses and nonuses to which the property should be put, recommendations as to whether all or a part of the area or feature is deserving of increased protection through inclusion in the Heritage Trust, the projected cost of the management of the property, and recommendations as to whether or not a user fee would be appropriate. All state, federal, county, local, and private groups interested in the area or feature involved shall be allowed to have input into the proposed management plan. The plan shall be considered by the advisory board, and therefrom the advisory board shall propose to the board of the department an overall management plan for the area or feature concerned. Upon approval by the board of the department of a plan, the department or that agency or group authorized by the board of the department shall manage the Heritage Preserve in accordance therewith.
Section 51-17-90. There is hereby created the South Carolina Heritage Trust, the trustee of which shall be the Board of the South Carolina Department of Natural Resources. The corpus of the trust shall be made up of those Heritage Preserves which the board of the department considers to be of such outstanding and unique natural or cultural character so as to be significant and essential to the carrying out of the goals and purposes of this chapter and as such, to merit a greater degree of preservation than that provided by dedication. The board of the department shall have authority to place into the corpus of the trust any Heritage Preserve that it feels meets this criteria and which has been recommended for inclusion therein by the advisory board. The beneficiaries of this trust are and shall be the present and future generations of citizens of the State, more particularly those present and future citizens residing within a close proximity to any area or feature which itself, or an interest therein, becomes, constitutes, or comprises a part of the corpus of such trust and who actually enjoy use of such area or feature; and further and more particularly, those present and future students, teachers, and persons residing in the State who are concerned with conservation or with research in any facet of ecology, history, or archeology and who actually utilize any such area or feature for the promotion of such interest. Wherever the term `area or feature' is used in this section, it shall include `or interests therein'. The following, except as otherwise expressly provided, shall constitute substantive terms of the trust and apply to any area or feature which becomes a part of the corpus thereof: 1. Upon approval by the board of the department of the inclusion of a Heritage Preserve in the corpus of the South Carolina Heritage Trust, such transfer shall be recorded in the county in which the property is located and shall establish conclusive proof that such area or feature is suitable for preservation and protection under this chapter and constitutes a part of the corpus of the South Carolina Heritage Trust. 2. In any case wherein the previous owner of a Heritage Preserve has restricted such area or feature from inclusion in the South Carolina Heritage Trust, or where the previous owner has withheld an interest therein such as a life estate or reverter, the Heritage Preserve involved shall not be allowed to become a part of the corpus of the South Carolina Heritage Trust unless at a subsequent time such approval is obtained from such person or his successor in interest. 3. Upon the approval by the board of the department of the inclusion of any Heritage Preserve in the South Carolina Heritage Trust and the transfer of the title or interest held by the board of the department therein to the trust, subject to the provisions of Item 2 of this section, legal title to such area or feature shall be conveyed to the trustee of the South Carolina Heritage Trust and the equitable, or beneficial ownership, shall rest in those beneficiaries previously stated and described, whether such property was owned by a private or public source prior to dedication. 4. Upon approval by the advisory board, the department, the board of the department, and any agency of the State is hereby authorized to enter into agreement in advance with any person, firm, corporation, legal entity of government, or any private group that any particular area or feature shall be conveyed to the trustee in trust under the provisions of this chapter. 5. Upon approval by the board of the department of inclusion of any Heritage Preserve into the corpus of the South Carolina Heritage Trust, the advisory board shall review the management plan therefor as well as the `Dedication Agreement' and any other sources of information which it may consider appropriate. Upon approval thereof by the board of the department, the department, or that agency or group assigned management responsibilities therefor, shall manage the property in accordance therewith. Except to the extent expressly otherwise provided in the `Dedication Agreement', the following substantive terms shall be deemed to be set forth in the conveyance to the Heritage Trust and the trustee shall hold such property in trust subject to such terms: (a) The essential natural character of the property shall be maintained. (b) There shall be no erection of any improvements thereon except those minimal improvements necessary for the security, safety, or convenience of the public and those required for maintenance and management. (c) Cutting or burning of timber, wood or other destruction of flora or fauna shall be permitted only for conservation or regeneration of flora or fauna; or for the control of plant succession by deliberate manipulation for restoration of preservation of a particular vegetation type or of an endangered species of flora, fauna or wildlife; or for the establishment and maintenance of nature and hiking trails, camping areas and the like where compatible and consistent with the character of the area or feature concerned and not seriously damaging or detrimental to the natural quality of the property. (d) No stream shall be dammed or have its course altered. (e) No motorized vehicles shall be permitted on the property other than those utilized by the trustee or its agents in management and protection of the property or used by the general public for ingress and egress to the property in compliance with the management plan for the area or feature concerned. (f) No change shall be made in the general topography of the area or feature except for those minimal alterations which may be necessary to provide on-foot access to the public for visitation, or observation; and this shall be done only where wholly compatible and consistent with the character of the property and where no detrimental effect shall result. (g) No activity shall be allowed or permitted which might pollute any stream, body of water, or the atmosphere. (h) No signs, billboards or other advertising of any kind shall be erected; however, informational and directional signs related to the designation of the area or feature as a Heritage Preserve and related to the public's enjoyment thereof shall be allowed when approved by the trustee. (i) No other acts or uses which are detrimental to the retention of the property in its natural state shall be allowed, including those detrimental to flood control, drainage, water conservation, erosion control or soil conservation, or fish or wildlife habitat preservation. (j) Where cultural areas or features are involved, reasonable excavation, improvement and the like shall be allowed for research purposes as well as to restore such area or feature. (k) The trust shall continue in perpetuity. (l) Nothing in this chapter shall be interpreted as restricting the use of an existing or any future easement, express or implied, in favor of any utility or other holder of an easement for public purposes. 6. Those natural and related cultural areas and features which are acquired as Heritage Preserves in accordance with the trust provisions of this chapter are hereby declared to be as such at their highest, best and most important use for the public benefit. The State, any agencies thereof, local or county entities of government, or public utility which has the power of condemnation by law may acquire by purchase, gift, or eminent domain an easement or other interest in any property comprising a part of the corpus of the Heritage Trust; provided, however, that before any such condemnation shall occur a court of competent jurisdiction shall determine the following: (1) there is an unavoidable and imperative public necessity that the property or interest therein be taken for another public use; (2) that there is no feasible and prudent alternative for the proposed use for which the property or interest therein is to be taken; and (3) that the proposal for taking includes all possible planning to minimize the harm done to such property resulting from such proposed use. Where the court deems appropriate, a public hearing shall be conducted prior to the court's decision to allow comment and input thereto. No city, county, public district, agency of the State, or public utility of the State shall acquire any real property which is a part of the corpus of the Heritage Trust through condemnation for the purpose of utilizing such property for another public use unless the acquiring entity pays or transfers to the Heritage Trust sufficient compensation to enable the operating entity to replace the real property and facilities thereon. The trustee of the trust shall have authority to utilize such proceeds to acquire additional property for the trust and to maintain those properties which form the corpus of the trust. 7. The common law of South Carolina pertaining to trusts shall be applicable to the Heritage Trust and to all areas or features, or interests therein, which become a part of this corpus. Without in any way limiting the generality of the foregoing, such trusts shall not fail for want of a trustee, and the trust shall be terminated as to any particular area or feature, or interest therein, only upon total failure of the intended purpose. Any substitution of the trustee or termination of the trust as to any particular area or feature, or interests therein, shall occur only after appropriate judicial action wherein the beneficiaries are adequately represented, and such total failure shall not in any way affect the remainder of the property within the corpus of the trust. 8. The trustee shall hold, manage, preserve and enforce the various areas and features, or interests therein, which become a part of the corpus of the trust in accordance with the terms of this chapter and in any respective conveyances and transfers thereto. To that end the trustees may adopt and modify rules and regulations for the use and enjoyment of such trust properties by the public, and may employ or appoint agents to act on their behalf in the management of such properties.
Section 51-17-100. In any case wherein a priority feature is either unsuited or unavailable for acquisition as a Heritage Preserve, the board of the department in agreement with the owner thereof may recognize such for its importance by registering it as a Heritage Site through the following registration procedures: 1. The department through its research and consultation with the owners of properties selected as priority features shall notify the advisory board of those which are unsuited or unavailable for dedication but for which the owners have made application for recognition as Heritage Sites through registration. 2. The advisory board shall review such applications and shall recommend to the board of the department the approval of those which it deems worthy of preservation through registration as Heritage Sites. 3. From the advisory board's recommendations, the board of the department shall approve those applications for recognition as Heritage Sites which it deems deserving and appropriate for carrying out the purposes of this chapter. 4. Upon approval of an application by the board of the department, the department may enter into a written agreement of registration with the owner of the feature concerned whereby the State shall give public recognition of the importance of the area or feature as a Heritage Site and the owner shall express his intent to preserve it. 5. The department shall erect and maintain an appropriate sign on the Heritage Site indicating its recognition and the owner thereof shall be given a certificate acknowledging its registration. 6. The registration agreement may be terminated by the owner or the board of the department at any time upon thirty days' notification to the other party. Such termination shall remove the feature from the Heritage Site Program, and any certificate previously issued therefor or sign erected shall be returned to the department by the property owner. 7. Unless the registration agreement is terminated, the owner of a Heritage Site shall maintain its essential natural character.
Section 51-17-110. The department shall include those costs and operating expenses necessary for the activities of the board of the department and the advisory board as well as staff support to carry out the provisions of this act in the annual State Appropriation Act. Funding for management of areas and features which become Heritage Preserves must be specifically requested by the department or that entity of government responsible for management thereof. The board of the department shall select those Heritage Preserves for which it is appropriate to charge an individual user fee. The department may sell such user permits for a cost not to exceed five dollars and to be valid for the fiscal year in which issued at all Heritage Preserves where a permit is required. At the end of the fiscal year, the department shall distribute the funds collected among the entities of government assigned responsibility for management in direct proportion to the acreage which they manage. The proceeds of the sale of the user permits must be used to defray the management expenses.
Section 51-17-115. There is created the Heritage Land Trust Fund (the Fund), which must be kept separate from any other funds of the State. The Fund must be administered by the board of the department for the purpose of acquiring fee simple or lesser interest in priority areas, legal fees, appraisals, surveys, or other costs involved in the acquisition of interest in priority areas, and for the development of minimal facilities necessary for the protection of the essential character of priority areas. Unexpended balances, including any interest derived from the Fund, must be carried forward each year and used only for the purposes provided in this chapter. No Fund money may be expended to acquire any interest in property by eminent domain nor may the funds be expended to acquire interest in property without a recommendation of the Heritage Trust Advisory Board and the approval of the State Budget and Control Board. The board of the department shall report by letter to the presiding officers of the General Assembly not later than January fifteenth of each year all funds expended pursuant to this chapter for the previous year, including the amount of funds expended and the uses to which the expenditures were applied. The Trust Fund is eligible to receive appropriations of state general funds, federal funds, donations, gifts, bond issue receipts, securities, and other monetary instruments of value. Any reimbursement for monies expended from this fund must be deposited in this fund. Any funds received through sale, exchange, or otherwise of any Heritage Preserve acquired under this section, or any products of the Preserve such as timber, utility easement rights, and the like, shall accrue to the Fund.
Section 51-17-120. Nothing contained in this chapter shall be construed as interfering with the purposes stated in the establishment of or pertaining to any state or local park, preserve, wildlife refuge, forest or other area or the proper management and development thereof, except that any agency managing an area or feature acquired as a Heritage Preserve or a Heritage Site under the provisions of this chapter shall preserve it in accordance with the applicable conveyance, registration agreement and the rules and regulations of the board of the department applicable thereto. Neither the acquisition of any Heritage Preserve nor the registration of any Heritage Site nor any action taken by the board of the department under any of the provisions of this chapter shall void or replace any protective status under law which an area would have were it not a Heritage Preserve or Heritage Site, the protective provisions of this chapter being supplemental thereto.
Section 51-17-130. 1. Enforcement officers of the Natural Resources Enforcement Division of the Department of Natural Resources, park rangers, and forestry rangers, as well as all other state and local law enforcement officials, shall have authority to enforce the provisions of this chapter. 2. The Attorney General shall enforce the rules and regulations of the board of the department both as they apply to those areas dedicated as well as those that are subsequently made a part of the corpus of the South Carolina Heritage Trust. In exercise of this authority, the Attorney General may, among other things and at the request of the board of the department, bring an action for injunctive or declaratory relief in any court of competent jurisdiction. 3. (a) Any person violating the provisions of this chapter where the damage to the property does not exceed five hundred dollars is guilty of a misdemeanor and, upon conviction, shall be fined not more than one hundred dollars or be imprisoned not more than thirty days for each offense. (b) Any person violating the provisions of this chapter where the damage to the property exceeds five hundred dollars is guilty of a misdemeanor and, upon conviction, shall be fined not less than five hundred dollars nor more than five thousand dollars or be imprisoned not more than six months, or both, for each offense.
Section 51-17-140. Not more than one hundred thousand acres total of real property shall be acquired in fee under the provisions of this chapter. Moreover, no acquisition shall be made under this chapter in any county without written approval of a majority of the county delegation in the county where the property is located.
Section 51-17-150. The South Carolina Department of Natural Resources, as trustee for the Heritage Land Trust Fund, shall report annually to the Committee on Ways and Means of the House of Representatives and the Senate Finance Committee detailing acquisitions in the previous year by the Heritage Land Trust Fund and planned acquisitions for the next five years."
References revised
SECTION 1283. Section 51-19-10 of the 1976 Code is amended to read:
"Section 51-19-10. The Old Exchange Building Commission is created. It consists of nine members. Three members must be elected by the House of Representatives and Senate in joint assembly; two members must be elected by the Rebecca Motte Chapter of the Daughters of the American Revolution; two members, who must not be residents of Charleston County, must be elected by the South Carolina Society of the Daughters of the American Revolution; and the director of the Department of Parks, Recreation and Tourism and the chairman of the Department of Archives and History or their respective designees serve ex officio with voting privileges. All elected members shall serve for terms of six years and until their successors are elected and qualify. The Attorney General shall give his aid, advice, and opinion upon questions of law submitted to him by the commission. If one of the seats of the commission becomes vacant, a successor must be elected or appointed in the same manner used to fill the seat. This successor shall serve the remainder of the unexpired term. If one of the three seats on the commission elected by the House of Representatives and Senate becomes vacant during the recess of the General Assembly, the Governor may fill the vacancy by appointment until an election by the House of Representatives and Senate in joint assembly at the next session."
Appointment of a Chief Athletic Commission
SECTION 1284. Section 52-7-15 of the 1976 Code is amended to read:
"Section 52-7-15. The commission shall select its chairman and other officers necessary for terms as the commission may designate. The Director of the Department of Labor, Licensing, and Regulation shall appoint a chief athletic commissioner pursuant to Section 40-73-15. Notwithstanding any term for which an officer was elected, the commission may call an election for any officer at any time by a two-thirds vote."
Appeal of decisions
SECTION 1285. Section 52-7-20 of the 1976 Code is amended to read:
"Section 52-7-20. The commission shall meet at least twice yearly at the call of the chairman. The chairman may call other meetings when considered necessary and must do so on the direction of the majority of the commissioners. The members are allowed the usual per diem, mileage, and subsistence as provided by law for members of boards, committees, and commissions. The chief athletic commissioner shall administer the affairs of the commission under policies established by the commission. Decisions of the chief athletic commissioner may be appealed to the full commission. Any decisions of the full commission to suspend, revoke, or deny a permit or license may be appealed to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1."
References revised
SECTION 1286. Section 52-7-30 of the 1976 Code is amended to read:
"Section 52-7-30. The commission has direction, management, control, and supervision over all boxing, wrestling, and sparring events, exhibitions, contests, and performances whether in person or via closed circuit television (events) in this State. The commission shall promulgate regulations as necessary for the protection of the health and safety of participants and to carry out the provisions of this article. Pursuant to 40-73-15, the Director of the Department of Labor, Licensing, and Regulation may appoint a chief inspector and referees, inspectors, other officials, and clerical help as the Director of the Department of Labor, Licensing, and Regulation determines necessary to administer the provisions of this article."
Review of decisions
SECTION 1287. Section 54-15-320 of the 1976 Code is amended to read:
"Section 54-15-320. A majority of each of the boards of commissioners of pilotage may take away the license of a pilot for a given time or declare his license null and void, as the nature of the case may demand (a) upon charge of any dereliction of duty made and proven against him, (b) if he be found guilty of using abusive or insulting language or of threatening conduct, while on his business as a pilot or (c) if charges of intoxication or conduct unbecoming a pilot, either when on or off duty, be proved against him to the satisfaction of a majority of the commissioners. But any pilot against whom any charge shall be made shall be entitled to a hearing before the board of commissioners and to make any proper defense to such charge. Any decision by the board to suspend, revoke, or otherwise restrict the license of a pilot shall be subject to review by an Administrative Law Judge as provided under Article 5 of Chapter 23 of Title 1."
Division of Aeronautics established
SECTION 1288. Chapter 1, Title 55 of the 1976 Code is amended to read:
"CHAPTER 1
General Provisions
Section 55-1-1. There is created a Division of Aeronautics within the Department of Commerce which shall be governed by the Director of the Department of Commerce as provided in Chapter 1 of Title 13.
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) `Director', unless otherwise indicated, means the executive and administrative head of the Department of Commerce or his designee. (3) `Deputy Director or Designee' means the person or persons appointed by the Director, serving at his will and pleasure as his designee, to supervise and carry out the functions and duties of the Divisions of Aeronautics as provided for by law.
Section 55-1-10. No person transported by the owner or operator of an aircraft as his guest without payment for such transportation shall have a cause of action for damages against such aircraft, its owner or operator for injury, death, or loss in case of accident unless such accident shall have been intentional on the part of such 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 public carrier.
Section 55-1-30. (1) It shall be unlawful to remove or damage any airport facility or equipment with malicious intent. (2) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars or imprisoned for not less than one year nor more than five years, or both. Where death results from the malicious damage or removal of airport facilities or equipment, such person is guilty of a felony and, upon conviction, must be sentenced to a term of from two to thirty years. Where injury results for malicious damage or removal of airport facilities or equipment, such person is guilty of a felony and, upon conviction, shall receive such sentence as may be determined by the judge.
Section 55-1-40. (1) It is unlawful for any person to enter any aircraft or damage or remove therefrom any equipment or other property attached thereto 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 person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one 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 unlawful for any 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 or in an emergency situation in which the safety of the aircraft is involved. In any prosecution for violation hereof, the burden of proving that such emergency situation existed shall be upon the person landing the aircraft on the highway or causing it to take off therefrom. Any person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred 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.
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.
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. (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.
Section 55-1-100. (A) It is unlawful for any person to operate or act as a flightcrew member of any 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 drug that affects his faculties in any way 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 person who operates or acts as a flightcrew member of any aircraft in this State is considered to have given 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 member of any aircraft in this State while under the influence of intoxicating liquor. The test must be administered by a person trained and certified 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 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. The penalties provided for in this subsection are in addition to those provided for in subsection (F). 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 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 shall cooperate with the division in carrying out its duties. (C) In any 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. (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 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 be furnished to the Federal Aviation Administration and the division by the arresting officer or the agency involved in the arrest. (F) Any person who violates the provisions of subsection (A), upon conviction, must be punished by a fine of five hundred dollars or imprisonment for not less than forty-eight hours nor 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) For the purposes of this section flightcrew member means a pilot, flight engineer, or flight navigator assigned to duty 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."
Name change
SECTION 1289. Chapter 5, Title 55 of the 1976 Code is amended to read:
"CHAPTER 5
Uniform State Aeronautical Regulatory Law
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: (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) `Aviation gasoline' means gasoline manufactured exclusively for use in airplanes and sold for such purposes.
Section 55-5-50. The director shall employ a deputy director of aeronautics 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.
Section 55-5-70. The division shall foster air commerce within the State and the division shall have supervision over 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 division may prescribe such reasonable rules and regulations as it may deem necessary and advisable 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 55-5-75. 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. 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.
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.
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.
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.
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.
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.
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 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.
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.
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.
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.
Section 55-5-160. 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.
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 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.
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 and shall state the requirements to be met before such approval will be given or such order modified or changed.
Section 55-5-220. Any order made by the division pursuant to this chapter shall be served upon the interested person by registered mail or in person before such order shall become effective.
Section 55-5-230. Any person against whom an order has been entered may within ten days after the service thereof appeal to the circuit court of the county in which the property affected by the order is located 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 notice of intention to appeal with the grounds thereof in the office of the clerk of such circuit court, and summons shall thereupon be issued by the clerk and shall be served upon the director or his designee. Upon the filing of the notice of intention to appeal with the grounds thereof, the appeal shall be docketed for trial no less than ten days or more than thirty days after the service of the summons and shall be tried by the circuit court without formal pleadings in term time or in vacation. Upon trial of the appeal the court shall hear evidence as to matters concerning the order in question, the condition of the property in question and the manner of its operation and shall enter judgment either affirming or setting aside the order of the division; or the court may remand the matter to the division for further hearing. The filing of the notice of intention to appeal with the grounds thereof shall operate as a supersedeas.
Section 55-5-250. If no appeal is taken from the order of the division within the period fixed, the party against whom the order was entered shall be deemed to have waived the right to have the reasonableness or lawfulness of the order reviewed by the court, and there shall be no trial of that issue in any court in which suit may be instituted for the penalty for failure to comply with the order.
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.
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.
Section 55-5-280. All moneys received from licensing of airports, landing fields or air schools, the tax on aviation gasoline and fees for other licenses issued under this chapter shall be paid into the State Treasury and credited to the fund known as the `State aviation fund.'
Section 55-5-290. Any moneys 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."
Name change
SECTION 1290. Section 55-8-10(a) of the 1976 Code is amended to read:
"(a) `Agency' means the Division of Aeronautics of the Department of Commerce."
Service of process
SECTION 1291. Section 55-8-50(a)(2) of the 1976 Code is amended to read:
"(2) Issued by an insurer or surety company not authorized to do business in this State found by the agency to afford adequate protection and which has filed or shall file with the agency a power of attorney authorizing the Director of the Department of Commerce to accept service on its behalf of notice or process in any action upon the policy or bond arising out of such accident."
Service of process
SECTION 1292. Section 55-8-170 of the 1976 Code is amended to read:
"Section 55-8-170. (a) The operation of an aircraft on the land or waters of or in the air over this State shall be deemed an appointment by the owner or operator of the Director of the Department of Commerce to be his true and lawful attorney upon whom may be served all legal process in any action or proceeding against him, arising from the ownership, maintenance, use or operation of such aircraft and resulting in damage or loss to person or property, and the use or operations shall be signification of his agreement that any such process against him which is so served shall be of the same legal force and validity as though served upon him personally, provided such person is a nonresident of this State or at the time a cause of action arises is a resident of this State but subsequently becomes a nonresident of this State. (b) Service of process shall be made by serving the original and a copy of the complaint together with a fee of two dollars upon the director of the South Carolina Department of Commerce and by mailing of a copy of such process and of the complaint by the plaintiff or his attorney to the defendant at his last known address, within five days thereafter by registered mail. In lieu of such mailing to defendant in a foreign state, plaintiff may cause a copy of the complaint and process to be served personally in the foreign state upon such defendant by any adult person not a party to the suit by actually delivering it to the defendant or by offering to make such delivery in case defendant refuses to accept delivery. (c) Proof of service of process upon the Director of the Department of Commerce or proof of mailing or personal delivery to the defendant shall be made by the affidavit of the party doing the act, which shall be filed in the office of the clerk of court in which the suit is filed. Process shall be deemed to be completed upon the filing of such affidavit and of the original registry receipt issued by the post office upon the mailing of such registered letter, if service is obtained by mail."
Name change
SECTION 1293. Chapter 9, Title 55 of the 1976 Code is amended to read:
"CHAPTER 9
Uniform Airports Act
Section 55-9-10. This chapter may be cited as the `Uniform 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 municipalities to condemn property, issue bonds and levy taxes.
Section 55-9-30. The division and the municipalities, counties 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 property on the terms of such 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 of this State may acquire air rights 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. Such 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.
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 may: (1) Construct, equip, improve, maintain and operate such airports or landing fields or vest authority for the construction, equipment, improvement, maintenance and operation thereof in an officer, board or body of such political subdivision, the expense of such construction, equipment, improvement, maintenance and operation to be a responsibility of such political subdivision; (2) 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 for a term not exceeding twenty-five years such 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 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.
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 available therefor or wholly or partly from the proceeds of the sale of bonds of such county, municipality or other political subdivision as the legislative body of such political subdivision shall determine; subject, however, to the adoption of a proposition therefor at a regular or special election, if the adoption of such a proposition is a prerequisite to the issuance of bonds of such political subdivision for public purposes generally.
Section 55-9-210. The local public authorities having power to appropriate moneys 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 derived from such airports or landing fields.
Section 55-9-220. Any unexpended moneys 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 subdivisions, under the provisions of this chapter may promulgate, amend and enforce police regulations for such airports or landing fields, irrespective of whether or not the title to the properties is vested in, and the management and operation of any such 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 be zoned by appropriate county, municipal or regional authorities so as to conform with pertinent regulations of the Federal Aviation Administration, Department of Transportation."
Receipt of funds
SECTION 1294. Section 55-11-10(5) of the 1976 Code is amended to read:
"(5) Designate the Division of Aeronautics of the Department of Commerce 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;"
Name change
SECTION 1295. Section 55-11-520 of the 1976 Code is amended to read:
"Section 55-11-520. Pursuant to the provisions of subsection 6(c), Section 13, Article 10 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) 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 by a special purpose district or other political subdivision of this State, not exceeding fifty million dollars of general obligation bonds of this State, may be issued in the manner provided in this article and by law upon their authorization in a state capital improvement bond bill as permitted by Section 2-7-105. As a further condition to the issuance of these bonds after their authorization in a state capital improvement bond bill, the special purpose district or other political subdivision requesting bonds to be issued pursuant to this article must have entered into a binding contract with an air carrier committing the air carrier to use the air carrier hub terminal facility for a period of ten years or the period of time needed to retire any indebtedness incurred by the special purpose district or other political subdivision to construct the air carrier hub terminal facility, whichever is less. Upon receipt of a certified copy of the executed contract, the Director of the Department of Commerce shall consider an air carrier's financial ability, willingness, and commitment to serve this State and other factors considered relevant by the Director of the Department of Commerce. If the Director of the Department of Commerce determines that it is in the best interest of this State for the State to assist in the providing of suitable air carrier hub terminal facilities, the Director of the Department of Commerce shall recommend that the Budget and Control Board consider recommending the issuance of bonds of this State for the purposes authorized in this article and shall forward his written approval and request to the Budget and Control Board. After review by the Joint Bond Review Committee, the board may allocate bond proceeds for the purposes authorized in this article to match on a dollar for dollar basis, local funds expended 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."
Name change
SECTION 1296. Section 55-15-10(f) of the 1976 Code is amended to read:
"(f) The term `public authority' means the Division of Aeronautics of the Department of Commerce, amunicipality, a county or other political subdivision of this State, separately or jointly, authorized to aquire land, air rights, safety markers, and lights as provided in Chapter 9 of Title 55."
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