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					                                   South Carolina General Assembly
                                       119th Session, 2011-2012

S. 707

STATUS INFORMATION

General Bill
Sponsors: Senator Leventis
Document Path: l:\council\bills\swb\6104cm11.docx
Companion/Similar bill(s): 3918

Introduced in the Senate on March 17, 2011
Currently residing in the Senate Committee on Transportation

Summary: Creation of the Division of Aeronautics


HISTORY OF LEGISLATIVE ACTIONS

    Date   Body Action Description with journal page number
 3/17/2011 Senate Introduced and read first time (Senate Journal-page 4)
 3/17/2011 Senate Referred to Committee on Transportation (Senate Journal-page 4)

View the latest legislative information at the LPITS web site


VERSIONS OF THIS BILL

3/17/2011
 1
 2
 3
 4
 5
 6
 7
 8
 9                       A BILL
10
11   TO AMEND CHAPTER 1, TITLE 55, CODE OF LAWS OF
12   SOUTH CAROLINA, 1976, RELATING TO THE CREATION
13   OF THE DIVISION OF AERONAUTICS WITHIN THE
14   DEPARTMENT OF COMMERCE, SO AS TO MOVE THE
15   FUNCTIONS, DUTIES, AND RESPONSIBILITIES OF THE
16   DIVISION OF AERONAUTICS TO THE DEPARTMENT OF
17   TRANSPORTATION, TO REVISE CERTAIN PROVISIONS
18   RELATING TO THE OPERATION OF INTRASTATE
19   SCHEDULED AIRLINE SERVICE, COUNTY AVIATION
20   COMMISSIONS, THE USE OF STATE-OWNED AIRCRAFT,
21   AND THE USE OF ALCOHOLIC BEVERAGES BY FLIGHT
22   CREW MEMBERS, TO MAKE TECHNICAL CHANGES, AND
23   TO REVISE CERTAIN PENALTIES; TO AMEND CHAPTER 3,
24   TITLE 55, RELATING TO THE UNIFORM STATE LAWS FOR
25   AERONAUTICS, SO AS TO MAKE TECHNICAL CHANGES,
26   REVISE CERTAIN PROVISIONS RELATING TO THE
27   DEFINITION OF VARIOUS FORMS OF AIRCRAFT, THE
28   OWNERSHIP OF AIRSPACE, THE LANDING OF AN
29   AIRCRAFT ON LANDS OR WATERS, TO PROVIDE THAT IT
30   IS ILLEGAL TO POINT, AIM, OR DISCHARGE A LASER
31   DEVICE AT CERTAIN AIRCRAFT, AND PROVIDE
32   PENALTIES; TO AMEND CHAPTER 5, TITLE 55, RELATING
33   TO THE UNIFORM STATE AERONAUTICAL REGULATORY
34   LAW, SO AS TO MAKE TECHNICAL CHANGES, TO
35   DELETE THE PROVISION THAT CONTAINS VARIOUS
36   TERMS AND THEIR DEFINITIONS, TO DELETE THE
37   PROVISION THAT REQUIRES THE STATE BUDGET AND
38   CONTROL BOARD TO PROVIDE OFFICES FOR THE
39   DIVISION OF AERONAUTICS, TO REVISE THE DIVISION’S
40   RESPONSIBILITIES RELATING TO ITS REGULATION OF
41   CERTAIN AIR NAVIGATION AND AIRPORT FACILITIES,
42   THE CONSTRUCTION OF AIRPORTS, THE REPORTS IT

     [707]                   1
 1   FILES WITH THE FEDERAL AVIATION ADMINISTRATION,
 2   AND THE OPERATION OF THE DIVISION, TO PROVIDE
 3   PENALTIES FOR VIOLATIONS OF PROVISIONS OF THIS
 4   CHAPTER, AND TO REVISE PROVISIONS RELATING TO
 5   THE USE OF MONIES CONTAINED IN THE STATE
 6   AVIATION FUND; TO AMEND CHAPTER 9, TITLE 55,
 7   RELATING TO THE UNIFORM SOUTH CAROLINA
 8   AIRPORTS ACT, SO AS TO MAKE TECHNICAL CHANGES,
 9   TO PROVIDE THAT THIS CHAPTER ALSO APPLIES TO
10   COUNTIES, AIRPORT COMMISSIONS, AND SPECIAL
11   PURPOSE DISTRICTS, TO DELETE OBSOLETE TERMS, TO
12   REVISE THE PROJECTS THAT MAY BE FUNDED FROM
13   MONIES     CONTAINED    IN   AIRPORT   FACILITIES
14   ACCOUNTS, AND TO PROVIDE FOR THE TERM “AIRPORT
15   HAZARD” AND TO PROVIDE ITS DEFINITION AND THE
16   REGULATION OF AN AIRPORT HAZARD; TO AMEND
17   CHAPTER 11, TITLE 55, RELATING TO THE CREATION
18   AND OPERATION OF CERTAIN AIRPORTS WITHIN THE
19   STATE, SO AS TO MAKE TECHNICAL CHANGES, TO
20   DELETE CERTAIN OBSOLETE TERMS, TO REVISE THE
21   PROCESS FOR THE MAKING OF CERTAIN CONTRACTS
22   FOR THE CONSTRUCTION, ERECTION, MAINTENANCE,
23   AND REPAIR OF CERTAIN AIRPORT FACILITIES, TO
24   ALLOW FOR THE SALE OF ALCOHOLIC BEVERAGES AT
25   CERTAIN AIRPORT FACILITIES, TO REVISE CERTAIN
26   PENALTIES, TO REVISE THE DEFINITION OF A QUORUM
27   FOR A CERTAIN AIRPORT COMMISSION, TO EXPAND
28   THE AUTHORITY OF CERTAIN AIRPORT COMMISSIONS
29   TO ADOPT RULES AND PROMULGATE REGULATIONS, TO
30   PROVIDE THAT IT IS UNLAWFUL TO ENGAGE IN
31   CERTAIN ACTIVITIES UPON CERTAIN AIRPORT
32   PROPERTY, TO DELETE THE TERM “SECRETARY” AND
33   ITS DEFINITION, AND REPLACE IT WITH THE TERM
34   “EXECUTIVE DIRECTOR” AND ITS DEFINITION AND TO
35   MAKE TECHNICAL CHANGES; TO AMEND CHAPTER 13,
36   TITLE 55, RELATING TO THE PROTECTION OF AIRPORTS
37   AND AIRPORT PROPERTY, SO AS TO PROVIDE THAT THE
38   DIVISION OF AERONAUTICS SHALL CREATE MAPS OF
39   THE STATE’S PUBLIC USE AIRPORTS AND DISTRIBUTE
40   THEM TO VARIOUS LOCAL GOVERNMENTAL AGENCIES
41   FOR VARIOUS PURPOSES, AND TO DEFINE THE TERM
42   “AIRPORT SAFETY ZONES”, TO PROVIDE THAT
43   POLITICAL SUBDIVISIONS MAY ASSIST WITH THE

     [707]                   2
 1   PROTECTION OF AREAS THAT POSE HAZARDS TO AIR
 2   TRAFFIC, AND TO REVISE THE PENALTIES FOR
 3   VIOLATIONS OF THIS CHAPTER; TO AMEND CHAPTER 15,
 4   TITLE 55, RELATING TO RELOCATION ASSISTANCE, SO
 5   AS TO DELETE THE TERM “DEPARTMENT OF
 6   COMMERCE” AND REPLACE IT WITH THE TERM
 7   “DEPARTMENT OF TRANSPORTATION”, AND TO MAKE
 8   TECHNICAL CHANGES; TO AMEND CHAPTER 17, TITLE
 9   55, RELATING TO REGIONAL AIRPORT DISTRICTS, SO AS
10   TO REVISE THE PROVISION THAT REVISES THE TYPE OF
11   AIR CARRIERS REGULATED BY THIS CHAPTER, AND TO
12   MAKE TECHNICAL CHANGES; TO AMEND SECTION
13   13-1-20, RELATING TO CERTAIN RESPONSIBILITIES OF
14   THE DEPARTMENT OF COMMERCE, SO AS TO DELETE
15   ITS RESPONSIBILITY TO DEVELOP STATE PUBLIC
16   AIRPORTS AND AN AIR TRANSPORTATION SYSTEM; TO
17   AMEND SECTION 13-1-30, AS AMENDED, RELATING TO
18   THE      ORGANIZATIONAL    STRUCTURE     OF    THE
19   DEPARTMENT OF COMMERCE, SO AS TO REVISE THE
20   PROVISIONS RELATING TO THE DIVISION OF
21   AERONAUTICS; TO AMEND SECTION 13-1-1000, AS
22   AMENDED, RELATING TO CERTAIN TERMS AND THEIR
23   DEFINITIONS, SO AS TO REVISE THE DEFINITION OF THE
24   TERM “DEPARTMENT”; TO AMEND SECTION 13-1-1010,
25   RELATING TO THE AERONAUTICS COMMISSION, SO AS
26   TO PROVIDE THAT IT IS NO LONGER A DIVISION OF THE
27   DEPARTMENT OF COMMERCE, BUT A DIVISION OF THE
28   DEPARTMENT OF TRANSPORTATION; TO AMEND
29   SECTIONS 57-1-20, 57-1-30, AND 57-1-450, ALL AS
30   AMENDED, RELATING TO THE DUTIES, FUNCTIONS, AND
31   RESPONSIBILITIES    OF    THE   DEPARTMENT      OF
32   TRANSPORTATION, SO AS TO PROVIDE THAT IT SHALL
33   HAVE A DIVISION OF AERONAUTICS, OVERSEE THE
34   SAFETY AND DEVELOPMENT OF THE STATE’S PUBLIC
35   USE AIRPORTS, PROVIDE SAFE RELIABLE AIR
36   TRANSPORTATION FOR STATE GOVERNMENT AND
37   BUSINESS PROSPECTS, AND PROVIDE THAT ITS
38   DIRECTOR MUST BE APPOINTED BY THE GOVERNOR;
39   AND TO REPEAL CHAPTER 8, TITLE 55 RELATING TO THE
40   UNIFORM AIRCRAFT FINANCIAL RESPONSIBILITY ACT.
41
42   Be it enacted by the General Assembly of the State of South
43   Carolina:

     [707]                        3
 1
 2   SECTION 1. Chapter 1, Title 55 of the 1976 Code is amended to
 3   read:
 4
 5                              “CHAPTER 1
 6
 7                            General Provisions
 8
 9     Section 55-1-1. There is created a Division of Aeronautics
10   within the Department of Commerce which shall Department of
11   Transportation that shall be governed by the Secretary of
12   Commerce Transportation as provided in Chapter 1 of, Title 13 57.
13
14      Section 55-1-5. For the purposes of Chapters 1 through 9 of,
15   Title 55, the following words and terms are defined as follows:
16   (1) “Division”, unless otherwise indicated, means the Division of
17   Aeronautics of the Department of Commerce.
18   (2) “Secretary”, unless otherwise indicated, means the executive
19   and administrative head of the Department of Commerce or his
20   designee.
21   (3) Notwithstanding any other provision of law, “ director” means
22   the person or persons appointed by the Governor in accordance
23   with Section 13-1-1080 and serving at the pleasure of the
24   Aeronautics Commission to supervise and carry out the functions
25   and duties of the Division of Aeronautics as provided for by law.
26      (1) ‘Aeronautics’ means the act or practice of the art and
27   science of transportation by aircraft, of operation, construction,
28   repair or maintenance of aircraft, airports, landing fields, landing
29   strips or air navigation facilities or of air instruction.
30      (2) ‘Aircraft’ means a device that is used or intended to be used
31   for flight in the air.
32      (3) ‘Airman’ means a person who holds a pilot, flight
33   instructor, flight engineer, or flight navigator certificate issued by
34   the Federal Aviation Administration, including persons not holding
35   these certificates but who are acting as a flight crew member or
36   otherwise manipulating the controls of an aircraft while in flight or
37   for the intended purpose of flight.
38      (4) ‘Airport’ means any area, private or public, either of land
39   or water, which is used or which is made available for the landing
40   and take-off of aircraft, whether or not it provides facilities for the
41   shelter, supply and repair of aircraft or for receiving or discharging
42   passengers or cargo, and all appurtenant rights of ways; whether
43   currently existing or hereafter established. The definition of an

     [707]                              4
 1   airport includes landing fields, heliports, seaplane ports,
 2   spaceports, and landing strips.
 3      (5) Notwithstanding another provision of law, ‘Aviation Fuel’
 4   means gasoline and aviation jet fuel manufactured exclusively for
 5   use in airplanes and sold for these purposes.
 6      (6) ‘Civil Aircraft’ means an aircraft other than a government
 7   aircraft having a civil airworthiness certificate issued by the
 8   Federal Aviation Administration.
 9      (7) ‘Commission’ means the Aeronautics Commission which
10   shall assist and oversee the operation of the division.
11      (8) ‘Division,’ unless otherwise indicated, means the Division
12   of Aeronautics of the Department of Transportation.
13      (9) Notwithstanding another provision of law, ‘Executive
14   Director’ means the person or persons appointed by the Governor
15   in accordance with Section 13-1-1080 and serving at the pleasure
16   of the Aeronautics Commission to supervise and carry out the
17   functions and duties of the Division of Aeronautics as provided for
18   by law.
19      (10) ‘Government aircraft’ means aircraft used only in the
20   service of a government, or a political subdivision. It does not
21   include any government-owned aircraft engaged in carrying
22   persons or property for commercial purposes.
23      (11) ‘Governmental entity’ means a county, municipality, or
24   political subdivision of this State.
25      (12) ‘Operator’ means a person who is exercising actual
26   physical control of an aircraft.
27      (13) ‘Owner’ means the following persons who may be legally
28   responsible for the operation of an aircraft:
29           (a) a person who holds the legal title to an aircraft;
30           (b) a lessee of an aircraft;
31           (c) a conditional vendee, a trustee under a trust receipt, a
32   mortgagor, or other person holding an aircraft subject to a security
33   interest.
34      (14) ‘Passenger’ means a person in, on, or boarding an aircraft
35   for the purpose of riding on it, or alighting there from following a
36   flight or attempted flight on it.
37      (15) ‘Person’ means any individual, association, copartnership,
38   firm, company, corporation or other association of individuals.
39      (16) ‘Public airport’ means an airport for public use, publicly
40   owned and under control of a governmental or quasi-governmental
41   agency.
42      (17) ‘Public use airports’ means an airport open to the public
43   without prior permission, regardless of ownership.

     [707]                            5
 1      (18) ‘Restricted use airport’ means an airport where the owner
 2   prohibits or restricts public use.
 3      (19) ‘Seaplane’ means an aircraft which is capable of landing
 4   and taking off on the water.
 5      (20) ‘State’ means any state, the District of Columbia, any
 6   territory or possession of the United States and the Commonwealth
 7   of Puerto Rico.
 8
 9     Section 55-1-7. All fees and fines assessed by the division
10   under this title must be deposited into the State Aviation Fund.
11
12      Section 55-1-10. No person transported by the owner or operator
13   of an aircraft as his guest without payment for such this
14   transportation shall have a cause of action for damages against
15   such the aircraft, its owner or operator for injury, death, or loss in
16   case of accident unless such the accident shall have been was
17   intentional on the part of such the owner or operator or caused by
18   his heedlessness or his reckless disregard of the rights of others.
19
20     Section 55-1-20. Section 55-1-10 shall not relieve a public
21   carrier of responsibility for any injuries sustained by a passenger
22   being transported by such the public carrier.
23
24      Section 55-1-30. It is unlawful to remove or damage an airport
25   facility or equipment with malicious intent. A person violating the
26   provisions of this section is guilty of a felony and, upon
27   conviction, must be:
28      (1) fined not less than one ten thousand dollars or imprisoned
29   not more than five years, or both;
30      (2) fined not less than one ten thousand dollars or imprisoned
31   not more than ten years, or both, if injury results from malicious
32   damage or removal of airport facilities or equipment;
33      (3) imprisoned not more than thirty years if death results from
34   the malicious damage or removal of airport facilities or equipment.
35      This section shall not apply to damage that is neither malicious
36   nor intentional to crushable materials, collapsible structures, or
37   aircraft arresting systems that are designed to deform when used.
38
39     Section 55-1-40. (1) It is unlawful for any a person to enter any
40   an aircraft or damage or remove therefrom from it any equipment
41   or other property attached thereto to it, affined to or otherwise on
42   or in an aircraft without the permission of the owner or a person
43   authorized by the owner to grant such permission.

     [707]                             6
 1      (2) The provisions of this section do not apply to any airport
 2   personnel or other persons while acting in an official capacity
 3   except when such capacity is used to accomplish an unlawful
 4   purpose.
 5      (3) Any A person violating the provisions of this section is
 6   guilty of a misdemeanor and, upon conviction, must be fined not
 7   less than one five thousand dollars nor more than ten thousand
 8   dollars or imprisoned not less than one year nor more than ten
 9   years.
10      (4) The provisions of this section are cumulative.
11
12      Section 55-1-50. It shall be is unlawful for any a person to land
13   or cause to be landed any aircraft on or take off from a public
14   highway in this State except in situations authorized by the deputy
15   director of the division an authorized employee of the division,
16   local law enforcement, or in an emergency situation in which the
17   safety of the aircraft is involved. In any a prosecution for violation
18   hereof of this section, the burden of proving that such the
19   emergency or cautionary situation existed shall be upon the person
20   landing the aircraft on the highway or causing it to take off
21   therefrom from it.
22      Any A person who violates the provisions of this section is
23   guilty of a misdemeanor and, upon conviction, must be fined not
24   more than five hundred two thousand dollars or imprisoned for not
25   more than sixty days.
26
27      Section 55-1-60. Any person desiring to operate an intrastate
28   scheduled airline service wherein a schedule of flights is to be
29   posted or otherwise publicized or maintained shall apply to the
30   division for a certificate to allow him to operate such service.
31   Before any certificate shall be issued by the division the schedule
32   of flights to be made by such service must be approved by the
33   division and the equipment to be used by such airline service must
34   also be approved. After the division issues a certificate to a person
35   desiring to operate such airline service, the scheduled flights
36   approved by the division must be commenced within ninety days
37   of such certification. Reserved
38
39   Section 55-1-70. The division shall promulgate such rules and
40   regulations as are necessary to govern the operation of any and all
41   intrastate scheduled airline operations. Reserved
42


     [707]                             7
 1      Section 55-1-80. (A) Any county aviation commission or like
 2   authority may be increased by two members, one of whom must be
 3   appointed by the House of Representatives’ delegation of the
 4   county and one of whom must be appointed by the Senatorial
 5   delegation of the county. The additional members shall serve
 6   terms of the same length as other members of the commission or
 7   like authority.
 8   (B) Any county governing body who has the authority to appoint
 9   members to the aviation commission or like authority may add two
10   members for terms as provided in this section.
11   (C) In counties that have two municipalities with a population in
12   excess of fifty thousand persons according to the latest official
13   United States Census, and the county has an aviation commission
14   or like authority, then the mayors of such municipalities having a
15   population in excess of the fifty thousand persons shall serve, ex
16   officio, as members of the commission or authority. Reserved
17
18      Section 55-1-90. If a state-owned aircraft is needed on a
19   medical-emergency basis by an individual other than a member of
20   the General Assembly, the aircraft may be used upon the filing
21   with the division or other agency of state government owning and
22   operating the aircraft of an affidavit by a medical doctor that an
23   emergency or a life-saving situation exists with respect to the
24   individual which would probably make waiting or the use of a
25   commercial or nonstate-owned aircraft or other transportation not
26   in the best interest of the individual’s physical condition and upon
27   the completion of all other records, forms, or paperwork as may be
28   required. If the individual needing and using the state-owned
29   aircraft on a medical-emergency basis has insurance which covers
30   this transportation, an insurance claim must be filed by the insured
31   individual or by any other person permitted or required to file the
32   claim, and any reimbursement under any policy of insurance
33   pertaining to this transportation must be paid to the State
34   Treasurer, who must deposit the funds in the general fund of the
35   State. State-owned aircraft may be used by State agencies, and
36   other governmental bodies or political subdivisions within the state
37   for matters pertinent to, and in the normal course of business for
38   the governmental entities.        Use of state aircraft by other
39   governmental bodies or political subdivisions that are not a part of
40   South Carolina State government must be accompanied by a
41   written statement by a legislative sponsor or a sponsor from an
42   agency of the State attesting to the need for one or more flight


     [707]                            8
 1   operations. The written statement must be in a manner acceptable
 2   to the division.
 3      Nothing in this section shall prohibit the division from entering
 4   into agreements with a public hospital or medical center owned,
 5   operated, or supported in whole or in part by state funds for the
 6   purpose of transporting personnel or patients, whether on an
 7   emergency basis or otherwise, as long as payment is made,
 8   including any insurance proceeds, to the State Treasurer. All funds
 9   paid for use of state aircraft under this section must be deposited
10   into the General Fund and credited to the division. The division
11   may adopt rules and promulgate regulations governing this section.
12
13      Section 55-1-100. (A) It is unlawful for any a person to
14   operate or act as a flightcrew flight crew member of any an aircraft
15   in this State:
16         (1) within eight hours after the consumption of any alcoholic
17   beverage;
18         (2) while under the influence of alcohol; or
19         (3) while using any an illegal drug or controlled substance
20   that affects his the person’s faculties in any way a manner contrary
21   to safety; or
22         (4) with four one-hundredths of one percent or more by
23   weight of alcohol in his blood at the time of the alleged violation.
24      (B) Any A person who operates or acts as a flightcrew flight
25   crew member of any an aircraft in this State is considered to have
26   given may provide consent, when required by Federal Aviation
27   Administration regulations, consent to a chemical test of his breath
28   for the purpose of determining the alcoholic content of his blood if
29   arrested for violating the provisions of subsection (A). The test
30   must be administered at the direction of a law enforcement officer
31   who has apprehended a person while or after operating or acting as
32   a flightcrew flight crew member of any aircraft in this State while
33   under the influence of intoxicating liquor alcohol. The test must
34   be administered by a person trained and certified by and using
35   methods approved by the South Carolina Law Enforcement
36   Division, using methods approved by the division. The arresting
37   officer may not administer the test, and no test may be
38   administered unless the defendant has been informed that he does
39   not have to take the test. Any A person who refuses to submit to
40   the test violates the provisions of this subsection and, upon
41   conviction, must be punished by a fine of two hundred dollars or
42   imprisonment for not less than forty-eight hours nor more than
43   thirty days, or both is subject to a civil fine of two thousand

     [707]                            9
 1   dollars. The penalties provided for in this subsection are in
 2   addition to those provided for in subsection (F)(E).
 3      No person is required to submit to more than one test for any
 4   one offense for which he has been charged, and the test must be
 5   administered as soon as practicable without undue delay.
 6   The person tested may have a physician, qualified technician,
 7   chemist, registered nurse, or other qualified person of his own
 8   choosing conduct a test or tests in addition to the test administered
 9   by the law enforcement officer. The failure or inability of the
10   person tested to obtain an additional test does not preclude the
11   admission of evidence relating to the test taken at the direction of
12   the law enforcement agency or officer.
13      The arresting officer and the person conducting the test shall
14   inform the person tested of his right to obtain an additional test,
15   and the arresting officer or the person conducting the chemical test
16   of the person apprehended promptly shall assist that person to
17   contact a qualified person to conduct additional tests.
18      The division shall administer the provisions of this subsection
19   and may make regulations as may be necessary to carry out its
20   provisions. The Department of Health and Environmental Control
21   and SLED shall cooperate with the division in carrying out its
22   duties.
23      (C) In any a criminal prosecution for the violation of this
24   section, the amount of alcohol in the defendant’s blood at the time
25   of the alleged violation, as shown by chemical analysis of the
26   defendant’s breath, is admissible as evidence.
27      The provisions of this subsection do not limit the introduction of
28   any other competent evidence bearing upon the question whether
29   or not the defendant was under the influence of intoxicating liquor
30   alcohol.     Nothing contained in this section prohibits the
31   introduction of:
32        (1) the results of additional tests of the person’s breath or
33   other bodily fluids;
34        (2) evidence that may corroborate or question the validity of
35   the breath or bodily fluid test result including, but not limited to,
36   evidence of:
37           (a) field sobriety tests;
38           (b) the amount of alcohol consumed by the person; and
39           (c) the person’s action while operating an aircraft;
40        (3) a videotape of the person’s conduct at the incident site
41   and breath testing site taken pursuant to Section 56-5-2953 which
42   is subject to redaction under the South Carolina Rules of Evidence;
43   or

     [707]                            10
 1         (4) any other evidence of the state of a person’s faculties to
 2   operate an aircraft which would call into question the results of a
 3   breath or bodily fluid test.
 4      At trial, a person charged with a violation of this section is
 5   entitled to a jury instruction stating that the factors enumerated
 6   above and the totality of the evidence produced at trial may be
 7   used by the jury to determine guilt or innocence. A person charged
 8   with a violation of this section must be given notice of intent to
 9   prosecute under the provisions of this section at least fourteen days
10   before his trial date.
11      (D) Any person who is unconscious or otherwise in a condition
12   rendering him incapable of refusal is considered not to have
13   withdrawn the consent provided by subsection (B).
14      (E) The person conducting the chemical test for the law
15   enforcement officer shall record in writing the time of arrest, the
16   time of the test, and the results of the test, a copy of which must be
17   furnished to the person tested or his attorney prior to any trial or
18   other proceedings in which the results of the test are used as
19   evidence; and any. A person administering any additional test
20   shall record in writing the time, type, and results of the test and
21   promptly furnish a copy of the test to the arresting officer. A copy
22   of the results of the test must may be furnished to the Federal
23   Aviation Administration and the division by the arresting officer or
24   the agency involved in the arrest.
25      (F)(E) Any A person who violates the provisions of subsection
26   (A), upon conviction, must be punished by a fine of five hundred
27   one thousand dollars or imprisonment for not less than forty-eight
28   hours nor or more than one year, or both.
29      (G) Any person who is convicted under the provisions of this
30   section must be reported to the Federal Aviation Administration
31   within ten days of conviction.
32      (H)(F) For the purposes of this section flightcrew flight crew
33   member means a pilot, flight engineer, or flight navigator assigned
34   to on duty or in an aircraft during flight time, and aircraft means
35   any contrivance now known or invented, used, or designed in the
36   future for navigation of or flight in the air.
37      Notwithstanding another provision of law, a person charged
38   with a violation of this section has the right to compulsory process
39   for obtaining witnesses, documents, or both, including, but not
40   limited to, state employees charged with the maintenance of breath
41   testing devices in this State and the administration of breath testing
42   pursuant to this chapter. This process may be issued under the
43   official signature of the magistrate, judge, clerk, or other officer of

     [707]                             11
 1   the court of competent jurisdiction. The term ‘documents’
 2   includes, but is not limited to, a copy of the computer software
 3   program of breath testing devices. The portion of compulsory
 4   process provided for in this section that requires the attendance, at
 5   any administrative hearing or court proceeding, of state employees
 6   charged with the maintenance of breath testing devices in this State
 7   and the administration of breath testing pursuant to this article,
 8   takes effect once the compulsory process program at SLED is
 9   specifically, fully, and adequately funded.
10      In addition, at the time of arrest for a violation of this section,
11   the arresting officer, in addition to other notice requirements, must
12   inform the defendant of his right to all hearings provided by law to
13   include those if a breath test is refused or taken with a result that
14   would require license suspension. The arresting officer, if the
15   defendant wishes to avail himself of any hearings, depending on
16   the choices made or the breath test results obtained, must provide
17   the defendant with the appropriate form to request the hearing.
18   The defendant must acknowledge receipt of the notice
19   requirements and receipt of the hearing form if a hearing is
20   desired.”
21
22   SECTION 2. Chapter 3, Title 55 of the 1976 Code is amended to
23   read:
24
25                              “CHAPTER 3
26
27                  UNIFORM State Law for Aeronautics
28
29     Section 55-3-10. This chapter may be cited as the Uniform State
30   Law for Aeronautics.
31
32      Section 55-3-20. In this chapter, “aircraft” includes balloon,
33   airplane, hydroplane and every other vehicle used for navigation
34   through the air. A hydroplane, while at rest on water and while
35   being operated on or immediately above water, shall be governed
36   by the rules regarding water navigation; while being operated
37   through the air otherwise than immediately above water, it shall be
38   treated as an aircraft. “Aeronaut” includes aviator, pilot, balloonist
39   and every other person having any part in the operation of aircraft
40   while in flight. “Passenger” includes any person riding in an
41   aircraft but having no part in its operation. Reserved
42


     [707]                             12
 1     Section 55-3-30. Sovereignty in the space above the lands and
 2   waters of this State is declared to rest in the State, except where
 3   granted to and assumed by the United States pursuant to a
 4   constitutional grant from the people of this State. Reserved
 5
 6     Section 55-3-40. The ownership of the space above the lands
 7   and waters of this State is declared to be vested in the several
 8   owners of the surface beneath, subject to the right of flight
 9   described in Section 55-3-50. Reserved
10
11      Section 55-3-50. Flight in aircraft over the lands and waters of
12   this State is lawful, unless at such a low altitude as to interfere with
13   the then existing use to which the land or water, or the space over
14   the land or water, is put by the owner or unless so conducted as to
15   be imminently dangerous to persons or property lawfully on the
16   land or water beneath. The landing of an aircraft on the lands or
17   waters of another without his consent is unlawful, except in the
18   case of a forced landing. For damages caused by a forced landing,
19   however, the owner or lessee of the aircraft or the aeronaut shall be
20   liable, as provided in Section 55-3-60 cautionary or emergency
21   landing. This section shall not apply to landings on waters of the
22   state or other navigable waters where the waters are normally open
23   to the public or available for public use nor shall this section apply
24   to landing at public use airports, or airports owned or operated by a
25   governmental body or political subdivision. The owner or lessee
26   of the aircraft or the airman is liable in accordance with applicable
27   law for injury to a person or property caused by an emergency or
28   precautionary landing made in accordance with this section.
29
30      Section 55-3-60. The owner of every aircraft which is operated
31   over the land or waters of this State is absolutely liable for injuries
32   injury to persons or property on the land or water beneath which is
33   caused by ascent, descent or flight of the aircraft or the intentional
34   dropping or falling of any an object therefrom from an aircraft,
35   whether such the owner was negligent or not, unless the injury is
36   caused in whole or in part by the negligence of the person injured
37   or of the owner or bailee of the property injured. If the aircraft is
38   leased at the time of the injury to person or property both owner
39   and lessee shall be is liable and they may be sued jointly or either
40   or both of them may be sued separately. An aeronaut airman who
41   is not the owner or lessee shall be is liable only for the
42   consequences of his own negligence. The injured person or owner
43   or bailee of the injured property shall have a lien next in priority to

     [707]                              13
 1   the lien for State and county taxes on the aircraft causing the injury
 2   to the extent of the damage caused by the aircraft or an object
 3   falling from it. A chattel mortgagee, conditional vendor or trustee
 4   under an equipment trust of any an aircraft out of possession shall
 5   not be deemed considered an owner or lessee within the provisions
 6   of this section.
 7
 8      Section 55-3-70. Subject to the provisions of Section 55-1-10,
 9   the liability of the owner of one aircraft to the owner of another
10   aircraft, or to aeronauts an airman or passengers on either aircraft,
11   for damage caused by collision on land or in the air shall must be
12   determined by the rules of law applicable to torts on land.
13
14      Section 55-3-80. All crimes, torts and other wrongs committed
15   by or against an aeronaut airman or passenger while in flight over
16   this State shall be is governed by the laws of this State; and the.
17   The question of whether damage occasioned by or to an aircraft
18   while in flight over this State constitutes a tort, crime or other
19   wrong by or against the owner of such the aircraft shall must be
20   determined by the laws of this State.
21
22   Section 55-3-90. All contractual and other legal relations entered
23   into by aeronauts or passengers while in flight over this State shall
24   have the same effect as if entered into on the land or water
25   beneath. Navigable waterways, which are available for use under
26   the public trust doctrine, may be used for the landing, docking, and
27   takeoff of seaplanes in accordance with this provision. This
28   section does not authorize the use of seaplanes in a manner or
29   location which would violate the property rights of another person.
30      During the landing, docking, and takeoff of a seaplane, its pilot
31   shall comply with all applicable federal and state laws and
32   aeronautical rules.
33      Seaplane takeoff, landing, and water operations must be done
34   safely and in a manner which does not endanger other persons,
35   watercraft, and property.
36      A seaplane shall not land, dock or takeoff on a waterway in a
37   manner that would violate applicable laws, ordinances, and rules if
38   done by a motorized watercraft, except that a seaplane is not
39   required to comply with a statewide speed limit for watercraft
40   while landing and taking off, if a higher speed is necessary for safe
41   operation and is not in conflict with any other restrictions
42   applicable to watercraft.


     [707]                             14
 1     In no event shall the landing, docking, or takeoff of seaplanes be
 2   approved if the landing, docking, or takeoff would pose
 3   unreasonable risks to public health, safety, or property as
 4   determined by the division.
 5
 6      Section 55-3-100. Any aeronaut or passenger who, while in
 7   flight over a thickly inhabited area or over a public gathering
 8   within this State, shall engage in trick or acrobatic flying or in any
 9   acrobatic feat or shall, except while in landing or taking off, fly at
10   such a low level as to endanger the persons on the surface beneath
11   or drop any object except loose water or loose sand ballast shall be
12   guilty of a misdemeanor and punishable by a fine of not more than
13   one hundred dollars, or imprisonment for not more than thirty
14   days, or both. If the division determines that use of a waterway by
15   a seaplane poses an unreasonable risk to public health, safety, or
16   property, the division or commission may withdraw approval or
17   limit use of the waterway or make the use of the waterway subject
18   to conditions, after following criteria set forth in this section. If
19   considered necessary to protect public health, safety or property,
20   the division may issue an interim order restricting the use of a
21   waterway by a seaplane pending completion of the procedures in
22   this section. In determining if a waterway is suitable for seaplane
23   use, the division shall consider the following criteria:
24      (1) the safety and general suitability of the waterway for
25   seaplane use;
26      (2) the impact of seaplane use on the use and enjoyment of the
27   waterway and adjacent properties by other persons;
28      (3) the availability of suitable alternative waterways for
29   seaplane use;
30      (4) the public interest in fostering aviation and allowing the use
31   of navigable waterways for aviation and other purposes;
32      (5) whether competing interests may be balanced by imposing
33   limitations or conditions on use of the waterway by seaplanes; and
34      (6) any other factor which reasonably would be affected by a
35   decision to allow seaplane use notwithstanding the local ordinance.
36
37      Section 55-3-110. Any aeronaut An airman or passenger who,
38   while in flight within this State, shall intentionally kill or attempt
39   to kill any birds or animals shall be is guilty of a misdemeanor and
40   punishable by a fine of not more than one hundred two thousand
41   dollars, or by imprisonment for not more than thirty days, or both.
42


     [707]                             15
 1     Section 55-3-120. This chapter shall must be so interpreted and
 2   construed as to effectuate its general purpose to make uniform the
 3   law of those states which enact substantially identical legislation
 4   and to harmonize, as far as possible, with Federal laws and
 5   regulations of promoting aviation, aeronautics, aviation safety, and
 6   conforming and making consistent this State’s laws with federal
 7   law, and the laws of other states on the subject of aviation and
 8   aeronautics.
 9
10      Section 55-3-130. The pointing, aiming, or discharge of a laser
11   device at an aircraft in flight or on the ground while occupied is
12   unlawful. A person who wilfully and maliciously discharges a
13   laser at an aircraft, whether stopped, in motion or in flight, while
14   occupied, is guilty of a misdemeanor punishable by imprisonment
15   for not more than one year or by a fine of two thousand dollars, or
16   both. For a second or subsequent violation of this section a person
17   is guilty of a felony punishable and must be imprisoned for not
18   more than three years, or fined not more than five thousand dollars,
19   or both. This section does not apply to the conduct of laser
20   development activity by or on behalf of the United States Armed
21   Forces.
22      A person who, with the intent to interfere with the operation of
23   an aircraft, wilfully shines a light or other bright device, of an
24   intensity capable of impairing the operation of an aircraft, at an
25   aircraft, must be punished by a fine not exceeding one thousand
26   dollars, or by imprisonment not exceeding one year, or both.
27      As used in this section, ‘laser’ means a device that utilizes the
28   natural oscillations of atoms or molecules between energy levels
29   for generating coherent electromagnetic radiation in the ultraviolet,
30   visible, or infrared region of the spectrum, and when discharged
31   exceeds one milliwatt continuous wave.”
32
33   SECTION 3. Chapter 5, Title 55 of the 1976 Code is amended to
34   read:
35
36                              “CHAPTER 5
37
38           UNIFORM State Aeronautical Regulatory LAW Act
39
40     Section 55-5-10. This chapter may be cited as ‘The Uniform
41   State Aeronautical Regulatory Act’.
42
43     Section 55-5-20. When used in this chapter:

     [707]                            16
 1   (1) “Aeronautics” means the act or practice of the art and science
 2   of transportation by aircraft, of operation, construction, repair or
 3   maintenance of aircraft, airports, landing fields, landing strips or
 4   air navigation facilities or of air instruction;
 5   (2) “Aircraft” means any contrivance now known or hereafter
 6   invented, used or designed for navigation of or flight in the air;
 7   (3) “Public aircraft” means an aircraft used exclusively in
 8   governmental service, including military and naval aircraft, or of
 9   any state or territory thereof;
10   (4) “Civil aircraft” means any aircraft other than a public aircraft;
11   (5) “Airport” means any area, either of land or water, which is
12   used or which is made available for the landing and take-off of
13   aircraft, whether or not it provides facilities for the shelter, supply
14   and repair of aircraft, and which meets the minimum requirements
15   as to size, design, surface marking, equipment and management
16   that may from time to time be provided by the division;
17   (6) “Landing strip” means an area, either of land or water, which is
18   available for the landing and take-off of aircraft having not less
19   than one hundred feet of usable width and not less than one
20   thousand feet of usable length, the use of which shall, except in
21   case of emergency, be only as provided from time to time by the
22   regulations of the division;
23   (7) “Person” means any individual, association, copartnership,
24   firm, company, corporation or other association of individuals;
25   (8) “Air instruction” means the imparting of aeronautical
26   information in any air school, flying club or by any aviation
27   instructor;
28   (9) Any person engaged in giving instruction or offering to give
29   instruction in aeronautics, either in flying or ground subjects, or
30   both, for or without hire or reward and advertising, representing or
31   holding himself out as giving or offering to give such instruction
32   shall be termed and considered an “air school”;
33   (10) Any person other than an individual who, neither for profit
34   nor reward, owns, leases or uses one or more aircraft for the
35   purpose of instruction, pleasure or both, shall be termed and
36   considered a “flying club”;
37   (11) “Aviation instructor” means any individual engaged in giving
38   instruction, or offering to give instruction, in aeronautics, either in
39   flying or ground subjects, or both, for or without hire or reward,
40   without advertising such occupation, without calling his facilities
41   an “air school” or anything equivalent thereto and without
42   employing or using other instructors; and


     [707]                             17
 1   (12) Notwithstanding any other provision of law, “aviation
 2   gasoline” means gasoline and aviation jet fuel manufactured
 3   exclusively for use in airplanes and sold for such purposes.
 4   Reserved
 5
 6     Section 55-5-50. Notwithstanding any other another provision of
 7   law, the Aeronautics Commission division shall employ a deputy
 8   an executive director of aeronautics in accordance with the
 9   provision contained in Section 13-1-1050 and 13-1-1080 and such
10   other employees as necessary for the proper transaction of the
11   division’s business.
12
13      Section 55-5-60. The State Budget and Control Board shall
14   provide, as soon as practicable, suitable offices for the division in
15   the city of Columbia, and the division may maintain offices in any
16   other city in the State that the division may designate and may
17   incur the necessary expense for the office furniture, stationery,
18   printing, incidental expenses and other expenses necessary for the
19   enforcement of this chapter and the general promotion of
20   aeronautics within the State. Reserved
21
22      Section 55-5-70. The division shall promote and foster air
23   commerce within the State and the division shall have supervision
24   over an interest in the maintenance and enhancement of the
25   aeronautical activities and facilities within the State. Such
26   authority shall include supervision and control over all airports,
27   landing fields, landing strips, air instruction, air parking, air
28   beacons and all other air navigation facilities. Accordingly, the
29   The division may prescribe such shall adopt reasonable rules and
30   promulgate regulations as it may deem necessary and advisable, in
31   conjunction with Federal Aviation Administration regulations, for
32   the public safety and for the promotion of aeronautics governing
33   the designing, laying out, location, building, equipping, operation
34   and use of all airports, landing fields or landing strips. The
35   division may further prescribe such reasonable rules and
36   regulations as it may deem necessary governing the curriculum,
37   equipment, personnel and operation and management of all air
38   instruction, for the purpose of protecting the health and safety of
39   students receiving or to receive such instruction and insuring, so
40   far as may be, the public safety through the proper training and
41   instruction of student aviators. The division may further prescribe
42   such reasonable rules and regulations as it may deem necessary
43   and advisable for the public safety and the safety of those engaged

     [707]                            18
 1   in aeronautics and for the promotion of aeronautics governing the
 2   establishment, location, maintenance and operation of all air
 3   markings, air beacons and other air navigation facilities. The
 4   division may further prescribe such reasonable air traffic rules and
 5   regulations as it shall deem necessary for public safety and the
 6   safety of those engaged in aeronautics and for the promotion of
 7   aeronautics; provided, however, that no rules or regulations
 8   prescribed by the division under the authority of this section shall
 9   be inconsistent with the then current federal legislation governing
10   aeronautics and the regulations duly promulgated thereunder.
11
12     Section 55-5-71. It is unlawful for a restricted use airport, or
13   other air navigation facility within three nautical miles of a public
14   use facility to be used or operated without the written approval of
15   the division. This approval must be based upon consideration of
16   aviation safety, including a location that would constitute a
17   collision or air traffic hazard or conflict with flight operations in
18   the vicinity of a public use airport.
19
20      Section 55-5-72. Except as provided in this section, no airport
21   open for public use shall be constructed in this State unless the
22   master plan study, or airport layout plan, or the construction plans
23   and specifications for such airport or landing strip have been
24   approved in writing by the division. No additions shall be made to
25   any existing airport or landing strip open for public use unless the
26   master plan study or the construction plans and specifications for
27   an airport or landing strip have been approved in writing by the
28   division. This provision shall not apply to airports owned by
29   private entities, or an airport which does not receive State funds.
30
31      Section 55-5-73. No state airport construction funding or
32   funding from the State Aviation Fund shall be provided to an
33   airport unless it has an airport layout plan and construction plan
34   approved by, and on file with the division at the time the request
35   for funding is made.
36
37      Section 55-5-75. From information obtained from the Federal
38   Aviation Administration, the division quarterly shall furnish the
39   respective county auditors of this State with a list of all aircraft
40   registered in their county according to the records of the Federal
41   Aviation Administration. Reserved
42


     [707]                            19
 1   Section 55-5-80. The division shall assist in the development of
 2   aviation and aviation facilities within the State for the purpose of
 3   safeguarding the interest of those engaged in all phases of the
 4   industry and of the general public and of promoting aeronautics.
 5   The division may cooperate with any county or municipality in the
 6   establishment, maintenance and operation of airports, landing
 7   fields or emergency landing strips and may do so in cooperation
 8   with other states or with any federal agency. (A) The          division
 9   shall have a seal and shall adopt rules and promulgate regulations
10   for its administration, not inconsistent, as it considers necessary. It
11   may amend its rules and regulations and shall adopt reasonable
12   rules and promulgate regulations as it considers necessary and
13   advisable for the public safety and the safety of those engaged in
14   aeronautics.
15      (B) The division shall enter into contracts or agreements with
16   the Federal Aviation Administration to administer, and shall
17   administer grant programs, maintenance programs, or other
18   programs in the support of the state aeronautical system.
19      (C) The division shall operate a flight department including the
20   purchase, operation, and maintenance of aircraft to support the
21   transportation needs of the State, and may support and cooperate
22   with other state agencies who own aircraft through maintenance
23   and operations agreements.
24      (D) The division shall consult with the Federal Aviation
25   Administration, persons involved in aeronautics and aeronautical
26   activity, public airports, and airport governing boards as necessary
27   for the purpose of enhancing the public safety and the safety of
28   those engaged in aeronautics. The division may promulgate
29   regulations to carry out this purpose. However, these regulation
30   must not be inconsistent with federal law or regulations governing
31   aeronautics.
32      (E) The division shall assist in the development of aviation and
33   aviation facilities within the State for the purpose of safeguarding
34   the interest of those engaged in all phases of the aviation industry
35   and of the general public and of promoting aeronautics.
36      (F) The division may cooperate with any authority, county, or
37   municipality in the establishment, maintenance and operation of
38   airports, landing fields or emergency landing strips and may do so
39   in cooperation with other states or with any federal agency.
40      (G) The division shall have the authority to partner with local
41   governments, private entities, special purpose districts, or others to
42   establish, own, operate, and maintain existing or future airports.


     [707]                             20
 1      (H) The division may conduct inspections of aviation facilities
 2   for compliance with federal grants, or to assist in obtaining grants
 3   from federal agencies, or to ensure compliance with national
 4   building or fire codes, including premises and the buildings and
 5   other structures at airports, or at prospective airports or other air
 6   navigation facilities. In order to effectuate this purpose, the
 7   division shall cooperate with the local governing body of an airport
 8   and any state or municipal officer or agency that may have
 9   jurisdiction over the airport.
10      (I) The division may participate in and support the emergency
11   management division air branch emergency support function.
12      (J) The division shall have the authority to review and approve
13   airport master plans pursuant to Section 55-5-72.
14      (K) The division shall have the authority to take action to abate
15   any imminent or foreseeable hazard to aviation safety at a public
16   use airport in the State or in the vicinity of a public use airport
17   when it can be shown that:
18         (1) a condition exists that interferes with, or has a reasonable
19   potential in the judgment of the division to interfere with aircraft
20   operations;
21         (2) a condition poses an increased risk to aviation safety;
22         (3) the persistence of a condition would cause aircraft
23   takeoff, landing, or approach criteria to be adversely impacted; or
24         (4) the existence of a condition that would constitute a
25   nuisance to aircraft operation. These conditions may include, but
26   are not limited to:
27           (a) obstructions such as towers, trees, or manmade
28   structures;
29           (b) conditions that adversely affect FAA or industry
30   criteria for safe approach, landing, takeoff and departure profiles;
31           (c) landfills or other activities that have the potential to
32   attract a large number of birds;
33           (d) interference with airport markings, including lighting;
34           (e) light pollution, including off-airport lighting;
35           (f) land uses that have a reasonable potential to interfere
36   with aircraft operations, pose an increased risk to aviation safety,
37   adversely affect aircraft takeoff, landing or approach criteria, or
38   constitute a nuisance to aircraft operations; or
39           (g) interference with airport and aviation navigational
40   equipment and facilities.
41      (L) Legal action may include the issuance of an order directing
42   the abatement or removal of the hazard, an action in circuit court
43   or the Administrative Law Court to enjoin the construction or

     [707]                             21
 1   maintenance of a hazard, or the removal and abatement of a
 2   hazard.
 3      (M) Except in emergency situations, before taking legal action,
 4   the division shall cooperate with the airport sponsor and affected
 5   local governments with the objective of achieving a mutually
 6   agreeable solution. If necessary, the parties shall engage in
 7   alternative dispute resolution. The alternative dispute resolution
 8   must be between the governmental entity and the division and shall
 9   not involve any private parties.
10      (N) The division may promulgate regulations necessary to
11   implement this section.
12
13      Section 55-5-86. Notwithstanding any other provision of law, no
14   airport or landing strip open for public use shall be constructed in
15   this State unless the master plan study or the construction plans
16   and specifications for such airport or landing strip have been
17   approved by the division. No additions shall be made to any
18   existing airport or landing strip open for public use unless the
19   master plan study or the construction plans and specifications for
20   such airport or landing strip have been approved by the division.
21   Reserved
22
23   Section 55-5-87. No state airport construction funding shall be
24   provided to any airport unless it has an airport layout plan
25   approved by and on file with the division at the time the request for
26   funding is made. Reserved
27
28     Section 55-5-88. The provisions of Sections 55-5-86 and
29   55-5-87 shall not apply to any airport or landing strip which does
30   not receive state funds. Reserved
31
32      Section 55-5-90. The public safety requiring and the advantages
33   of uniform regulation making it desirable in the interest of
34   aeronautical progress that aircraft operating within this State
35   should conform with respect to design, construction and
36   airworthiness to the standards prescribed by the United States
37   Government with respect to navigation of civil aircraft subject to
38   its jurisdiction, it shall be unlawful for any person to operate, pilot
39   or navigate, or cause or authorize to be operated, piloted or
40   navigated, any aircraft within the State unless such aircraft has an
41   appropriate effective license, issued by the government of the
42   United States; provided, however, that this restriction shall not
43   apply to public aircraft of the United States or of any state,

     [707]                             22
 1   territory or possession thereof or to aircraft licensed by a foreign
 2   country with which the United States has a reciprocal agreement
 3   covering the operations of such licensed aircraft; and provided,
 4   further, that the division may, in its discretion, waive this provision
 5   in the interest of a non-passenger-carrying flight solely for
 6   inspection or test purposes. Reserved
 7
 8      Section 55-5-100. The public safety requiring and the
 9   advantages of uniform regulation making it desirable in the interest
10   of aeronautical progress that a person engaging within this State in
11   navigating aircraft in any form of navigation shall have the
12   qualifications necessary for obtaining and holding a pilot’s license
13   issued by the government of the United States, it shall be unlawful
14   for any person to pilot any aircraft in this State unless such person
15   is the holder of a correct effective pilot’s license issued by the
16   government of the United States; provided, however, that this
17   restriction shall not apply to those persons operating public aircraft
18   of the United States or public aircraft of any state, territory or
19   possession thereof or operating any aircraft licensed by a foreign
20   country with which the United States has a reciprocal agreement
21   covering the operation of such licensed aircraft. Reserved
22
23      Section 55-5-110. The certificate of the license required for
24   pilots shall be kept in the personal possession of the licensee when
25   he is operating aircraft within this State and must be presented for
26   inspection upon the demand of any passenger, any peace officer of
27   this State, any authorized official or employee of the division or
28   any official manager or person in charge of any airport in this State
29   upon which he shall land; or upon the reasonable request of any
30   other person. The aircraft license must be carried in the aircraft at
31   all times and must be conspicuously posted therein where it may
32   be readily seen by passengers or inspectors; and the license must
33   be presented for inspection upon the demand of any passenger, any
34   peace officer of this State, any authorized official or employee of
35   the division or any official, manager or person in charge of any
36   airport in this State upon which it shall land; or upon the
37   reasonable request of any other person.            In any criminal
38   prosecution under any of the provisions of this chapter a defendant
39   who relies for his justification upon a license of any kind shall
40   have the burden of proving that he is properly licensed or is the
41   possessor of a proper license, as the case may be, and the fact of
42   non-issuance nonissuance of such license may be evidenced by a
43   certificate signed by the official having power of issuance, or his

     [707]                             23
 1   deputy, under seal of office, stating that he has made diligent
 2   search in the records of his office and that from the records it
 3   appears that no such license was issued up to the date of the
 4   making of such certificate.
 5
 6      Section 55-5-120. It shall be unlawful for any airport, landing
 7   field, air school, flying club, air beacon or other air navigation
 8   facility to be used or operated without the approval of the division.
 9   All proposed airports, landing fields, air schools, flying clubs, air
10   beacons or other air navigation facilities shall first be approved by
11   the division before they or any of them shall be used or operated.
12   The division may issue a certificate of its approval in each case.
13   Reserved
14
15      Section 55-5-130. No license, rule, order or regulation
16   promulgated under the authority of this chapter shall apply to
17   airports, landing fields, air beacons, air markings or other air
18   navigation facilities owned or operated by the government of the
19   United States, of the State or of any county or municipality of this
20   State. Reserved
21
22      Section 55-5-140. In any case in which the division may deem
23   it necessary it may order the closing of any airport or landing field
24   or order any air school, flying club, air beacon or other air
25   navigation facility to cease operations until it shall have complied
26   with the requirements laid down by the division. Reserved
27
28      Section 55-5-150. The division shall have power to hold
29   investigations, inquiries, and hearings concerning matters covered
30   by the provisions of this chapter and all accidents in aeronautics
31   within this State. All hearings conducted by the division shall be
32   open to the public. Each officer of the division designated by it to
33   hold any inquiry, investigation or hearing shall have the power to
34   administer oaths and affirmations, certify to all official acts, issue
35   subpoenas and compel the attendance and testimony of witnesses
36   and the production of papers, books, and documents. In case of
37   failure to comply with any subpoena or order issued under
38   authority of this chapter the division, or its authorized
39   representative, may invoke the aid of any circuit court in this State.
40   The court may thereupon order the witness to comply with the
41   requirements of the subpoena or order to give evidence touching
42   the matter in question. Any failure to obey the order of the court
43   may be punished by the court as a contempt thereof. (A) No

     [707]                             24
 1   governmental body of this State shall close a public use airport,
 2   airport runway, or any portion of one without the approval of the
 3   division. The division may close, order closure, or approve closure
 4   of an airport, airport runway, or any portion of one only when a
 5   condition exists on the airport property that constitutes an
 6   imminent and substantial endangerment to aircraft operations and
 7   aviation safety, and the condition remains unabated after notice to
 8   the airport owner and operator, and a reasonable opportunity has
 9   expired to correct any deficiencies determined by the division.
10   The division may promulgate regulations to administer this
11   section. This section shall not apply to temporary closure for
12   maintenance, construction, inoperative equipment, adverse
13   weather, or changes to approach, landing, or take-off criteria that
14   would normally be addressed through a Notice to Airmen
15   (NOTAM) published by the Federal Aviation Administration.
16      (B) If the division disagrees with a decision of an airport
17   sponsor or governmental body to close a public use airport or any
18   part of one, both the division and the airport sponsor or
19   governmental body shall engage in mediation or another form of
20   alternative dispute resolution mutually agreed upon in an attempt
21   to resolve their differences. In addition, the division may require
22   that the airport sponsor develop a proposed closure plan, in a form
23   acceptable to the division that contains:
24         (1) a certification that all grant conditions imposed by
25   federal or state funding have been complied with, and that all grant
26   funds have been repaid to the appropriate agency;
27         (2) a statement for the reason for the closure;
28         (3) an economic analysis of the impact of the closure on the
29   community;
30         (4) a plan and schedule for the use of or development of a
31   replacement facility; and
32         (5) other information required by the division.
33
34     Section 55-5-160. In Except as otherwise provided in this
35   chapter, in order to facilitate the making of investigations by the
36   division, in the interest of the public safety and the promotion of
37   aeronautics, the public interest requires and it is therefore provided
38   that the reports of investigations or hearings, or any part thereof or
39   any testimony given thereat, shall not be admitted in evidence or
40   used for any purpose in any suit, action or proceeding growing out
41   of any matter referred to in said investigation, hearing or report
42   thereof, except in case of criminal or other proceedings instituted
43   by or in behalf of the division under the provisions of this chapter;

     [707]                             25
 1   nor shall any employee of the division be required to testify to any
 2   facts ascertained in, or information gained by reason of, his official
 3   capacity and, further, no employee of the division shall be required
 4   to testify as an expert witness in any suit, action or proceeding
 5   involving any aircraft.
 6
 7     Section 55-5-170. The division shall have a seal and shall make
 8   such rules and regulations for its administration, not inconsistent
 9   herewith, as it may deem expedient. It may from time to time
10   amend such rules and regulations. Reserved
11
12      Section 55-5-180. The division shall keep on file with the
13   Secretary of State and at the principal office of the division for
14   public inspection a copy of all its rules and regulations. On or
15   before December thirty-first, in each year, the division shall make
16   to the Governor a full report of its proceedings for the year ending
17   December first in each year and may submit with such report such
18   recommendations pertaining to its affairs as seem to it to be
19   desirable.
20
21     Section 55-5-190. The division, its members and employees
22   and every county and municipal officer charged with the
23   enforcement of state and municipal laws shall enforce and assist in
24   the enforcement of this chapter. The division may also in the name
25   of the State enforce the provisions of this chapter by injunction in
26   the circuit courts of this State. Other departments and political
27   subdivisions of the State may also cooperate with the Division of
28   Aeronautics of the Department of Commerce division in the
29   development of aeronautics and aeronautic facilities within the
30   State.
31
32      Section 55-5-200. To carry out the provision of this chapter the
33   division and any officer, state or municipal, charged with the duty
34   of enforcing this chapter, may inspect and examine at reasonable
35   hours any premises and the buildings and other structures thereof
36   where airports, landing fields, air schools, flying clubs, air beacons
37   or other air navigation facilities are operated. Reserved
38
39      Section 55-5-210. In any case in which the division rejects an
40   application for permission to operate or establish an airport,
41   landing field, air school, flying club, air beacon or other air
42   navigation facility or in any case in which the division shall issue
43   any order requiring certain things to be done, it shall set forth its

     [707]                             26
 1   reasons therefor issues an order pursuant to applicable law,
 2   including the South Carolina Administrative Procedures Act,
 3   Section 1-23-10 et seq., rules and regulations or policy and
 4   procedures as documented for public review, the division shall set
 5   forth findings of fact and conclusions of law, separately stated and
 6   its reasons and shall state the requirements to be met before such
 7   approval will be is given or such the order is modified or changed.
 8
 9      Section 55-5-220. Any order made by the division pursuant to
10   this chapter title shall be served upon the interested person by
11   registered mail or in person before such order shall become
12   effective.
13
14     Section 55-5-230. A person against whom an order is entered
15   may appeal within thirty days after the service to the
16   Administrative Law Court as provided in Sections 1-23-380(B)
17   and 1-23-600(D) for the purpose of having the reasonableness or
18   lawfulness of the order inquired into and determined.
19
20     Section 55-5-240. The person taking the appeal shall file the
21   notice of appeal in the office of the clerk with the Administrative
22   Law Court and serve a copy on the director or his designee and all
23   other parties of record. Upon appellate review, the administrative
24   law judge shall enter an order either affirming or setting aside the
25   order of the court; or may remand the matter to the court for
26   further hearing. The filing of the notice of appeal operates as a
27   supersedeas.
28
29      Section 55-5-250. If no appeal is taken from the order of the
30   Division of Aeronautics within the period fixed, the party against
31   whom the order is entered is deemed to have waived the right to
32   have the reasonableness or lawfulness of the order reviewed by the
33   Administrative Law Court, and there may be no trial of that issue
34   in a court in which suit may be instituted for the penalty for failure
35   to comply with the order. Reserved
36
37     Section 55-5-260. Any person failing to comply with the
38   requirements or violating any of the provisions of this chapter or
39   the rules and regulations for the enforcement of this chapter made
40   by the division is guilty of a misdemeanor and punishable by a fine
41   of not more than five hundred dollars or by imprisonment for not
42   more than ninety days or both. (A) A person failing to comply
43   with the requirements of this chapter or the rules and regulations of

     [707]                             27
 1   this chapter is subject to a civil penalty of two thousand dollars per
 2   violation.
 3      (B) A person who wilfully or intentionally violates a provision
 4   of this chapter or the rules and regulations for the enforcement of
 5   this chapter made by the division is guilty of a misdemeanor and is
 6   punishable by a fine of not more than two thousand dollars, or by
 7   imprisonment for not more than thirty days, or both.
 8      (C) An owner or operator who knowingly makes a false
 9   statement or representation of a material fact in a report to or
10   written instrument filed with the division is guilty of a
11   misdemeanor and, upon conviction, must be fined not less than one
12   hundred dollars nor more than one thousand dollars, or imprisoned
13   for not more than ninety days, or both.
14
15      Section 55-5-270. The terms and provisions of this chapter
16   shall not apply to unlicensed aircraft engaged entirely in private
17   flying and which do not engage in flying for hire in any way apply
18   to all civil aircraft that are not required to have an airworthiness
19   certificate issued by the Federal Aviation Administration or its
20   foreign counterpart unless the aircraft is engaged in private flight
21   operations substantially similar to those conducted by civil aircraft.
22
23      Section 55-5-280. (A) All monies received from licensing of
24   airports, landing fields, or air schools, funds appropriated for
25   aviation grants, the tax on aviation gasoline fuel and taxes levied
26   by the State pursuant to Section 12-37-2410, et seq., and fees for
27   other licenses issued under this chapter must be paid into the State
28   Treasury and credited to the fund known as the ‘State Aviation
29   Fund’.
30      (B) The State Aviation Fund must be used for the purpose of
31   capital improvements and maintenance to public use airports,
32   which may include use as matching funds for FAA Airport
33   Improvement Grants, so long as those airports meet the
34   requirements set forth by the division. In addition, the fund also
35   may receive State appropriations, gifts, grants, and federal funds
36   and shall include earnings from investments of monies from the
37   fund. A fund balance at the close of the fiscal year shall not lapse
38   but must be carried forward to the next fiscal year. The division
39   shall use monies deposited in the fund or accruing to the fund for
40   the development, rehabilitation, and maintenance of publicly
41   owned or operated airports, as allowed in this chapter.



     [707]                             28
 1      (C) The division may promulgate regulations governing the
 2   eligibility requirements and procedures for disbursements from the
 3   State Aviation Fund.
 4
 5     Section 55-5-290. Any moneys monies or fees coming into the
 6   hands of the division may be used for the necessary expenses of
 7   the division essential to the carrying out of this chapter but no
 8   overdraft shall be created by reason of any such expenditures.”
 9
10   SECTION 4. Chapter 9, Title 55 of the 1976 Code is amended to
11   read:
12
13                              “CHAPTER 9
14
15                 UNIFORM South Carolina Airports Act
16
17     Section 55-9-10. This chapter may be cited as the ‘Uniform
18   South Carolina Airports Act.’
19
20      Section 55-9-20. It is the intent and purpose of this chapter that
21   all provisions herein relating to the issuance of bonds and levying
22   of taxes for airport purposes and condemnation for airports and
23   airport facilities shall be construed in accordance with the general
24   provisions of the law of this State governing the right and
25   procedure of counties and municipalities to condemn property,
26   issue bonds and levy taxes.
27
28      Section 55-9-30. The division and the municipalities, counties,
29   airport commissions, special purpose districts, and other political
30   subdivisions of this State may, separately or jointly, acquire,
31   establish, construct, expand, own, lease, control, equip, improve,
32   maintain, operate, regulate and police airports and landing fields
33   for the use of aircraft, either within or without the geographical
34   limits of such municipalities, counties and other political
35   subdivisions and may use for such purpose or purposes any
36   available property owned or controlled by the division or such
37   municipalities, counties or other political subdivisions; but no
38   county shall exercise the authority hereby conferred outside of its
39   geographical limits except in an adjoining county and this only
40   jointly with such adjoining county.
41
42     Section 55-9-40. Any lands acquired, owned, leased, controlled
43   or occupied by the division or such counties, municipalities or

     [707]                            29
 1   other political subdivisions for the purpose or purposes enumerated
 2   in Section 55-9-30 shall and are hereby declared to be acquired,
 3   owned, leased, controlled or occupied for public, governmental
 4   and municipal purposes.
 5
 6      Section 55-9-50. The governing bodies of the several counties
 7   of this State may acquire land by gift, purchase, or condemnation
 8   for the purpose of building, constructing and maintaining landing
 9   strips and airports. The provisions of Sections 55-9-70 to
10   55-9-180 shall not apply to land that may be acquired under the
11   provisions of this section.
12
13      Section 55-9-70. Private property needed by the division or a
14   county, municipality or other political subdivision for an airport, or
15   landing field or for the expansion of an airport or landing field may
16   be acquired by grant, purchase, lease or other means, if such
17   political subdivision or the division, as the case may be, is able to
18   agree with the owner of such the property on the terms of such the
19   acquisition and otherwise by condemnation in the manner provided
20   by the law under which such political subdivision or the division is
21   authorized to acquire real property for public purposes. The
22   provisions of this section shall apply to property needed by the
23   Adjutant and Inspector General of South Carolina.
24
25      Section 55-9-80. When necessary in order to provide
26   unobstructed airspace for the landing and taking off of aircraft
27   utilizing airports and landing fields acquired or maintained under
28   the provisions of this chapter, the division and the counties,
29   municipalities, and other subdivisions, including duly constituted
30   airport commissions and special purpose districts of this State may
31   acquire air rights, including aviation easements, over private
32   property necessary to ensure safe approaches to the landing areas
33   of the airports and landing fields, and for the purpose of
34   establishing and protecting aeroplane landing fields airports and
35   runways. Such These air rights may be acquired by grant,
36   purchase, lease, or condemnation pursuant to the provisions of the
37   Eminent Domain Procedure Act (Chapter 2 of, Title 28).
38
39     Section 55-9-90. The division and such counties, municipalities
40   and other political subdivisions of this State may acquire the right
41   or easement for a term of years, or perpetually, to place and
42   maintain suitable markers for the daytime and to place, operate and
43   maintain suitable lights for the nighttime marking of buildings or

     [707]                             30
 1   other structures or obstructions, for the safe operation of aircraft
 2   utilizing airports and landing fields acquired or maintained under
 3   the provisions of this chapter. Such rights or easements may be
 4   acquired by grant, purchase, lease or condemnation in the same
 5   manner as is provided in this chapter for the acquisition of the
 6   airport or landing field itself or the expansion thereof of it.
 7
 8      Section 55-9-190. The division, counties, municipalities and
 9   other political subdivisions of this State which have established
10   airports or landing fields or which acquire, lease or set apart real
11   property for any such purpose these purposes may:
12      (1) Construct construct, equip, improve, maintain and operate
13   such airports or landing fields or vest authority for the
14   construction, equipment, improvement, maintenance and operation
15   thereof of it in an officer, board or body of such the political
16   subdivision, the expense of such the construction, equipment,
17   improvement, maintenance and operation to be a responsibility of
18   such political subdivision;
19      (2) Adopt adopt regulations and establish charges, fees and
20   tolls for the use of such airports or landing fields, fix penalties for
21   the violation of such regulations and establish liens to enforce
22   payment of such charges, fees and tolls; and
23      (3) Lease lease for a term such airports or landing fields these
24   airports to private parties for operation or lease or assign for a term
25   to private parties for operation space, area, improvements and
26   equipment on such airports or landing fields, provided in each case
27   that in so doing the public is not deprived of its rightful, equal, and
28   uniform use thereof of it.
29
30      Section 55-9-200. The purchase price or award for real
31   property acquired, in accordance with the provisions of this
32   chapter, for an airport or landing field may be paid for by
33   appropriation of moneys monies available therefor for it or wholly
34   or partly from the proceeds of the sale of bonds of such the county,
35   municipality or other political subdivision as the legislative body
36   of such the political subdivision shall determine; subject, however,
37   to the adoption of a proposition therefor for it at a regular or
38   special election, if the adoption of such a proposition is a
39   prerequisite to the issuance of bonds of such the political
40   subdivision for public purposes generally.
41
42     Section 55-9-210. The local public authorities having power to
43   appropriate moneys monies within the counties, municipalities or

     [707]                             31
 1   other political subdivisions of this State acquiring, establishing,
 2   developing, operating, maintaining or controlling airports or
 3   landing fields under the provisions of this chapter may appropriate
 4   and cause to be raised by taxation or otherwise in such political
 5   subdivisions moneys sufficient to carry out therein the provisions
 6   of this chapter and may also use for any such purpose moneys. All
 7   monies derived from such these airports or landing fields must be
 8   obligated to these facilities. A diversion of revenue away from
 9   airport facility accounts for nonaeronautical purposes is unlawful
10   and may subject an airport or airport sponsor to denial of future
11   funding.
12
13     Section 55-9-220. Any         unexpended        moneys       monies
14   appropriated for airport development for a particular county may
15   be transferred to repairs to airports for that particular county upon
16   request of the division.
17
18      Section 55-9-230. Counties, municipalities or other political
19   subdivisions of this State acquiring, establishing, developing,
20   operating, maintaining, controlling or having an interest in airports
21   or landing fields, without the geographical limits of such these
22   subdivisions, under the provisions of this chapter may promulgate,
23   amend and enforce police regulations for such airports or landing
24   fields, these entities irrespective of whether or not the title to the
25   properties is vested in, and the management and operation of any
26   such an airport or landing field is by, a commission created by
27   statute or otherwise.
28
29     Section 55-9-240. All land surrounding public-owned airports
30   in this State, which are funded partially or wholly by this State,
31   shall must be zoned by appropriate county, municipal or regional
32   authorities so as to conform with to pertinent regulations of the
33   Division of Aeronautics and the United States Department of
34   Transportation, Federal Aviation Administration, Department of
35   Transportation.
36
37      Section 55-9-250. An airport hazard is a condition, occurrence
38   or activity that endangers the lives and property of users of an
39   airport and of occupants of land and other persons in its vicinity,
40   and also, if of the obstruction type, in effect reduces the size of the
41   area available for the landing, taking off and maneuvering of
42   aircraft, thus tending to destroy or impair the utility of the airport
43   and the public investment in it. Therefore:

     [707]                             32
 1     (1) the creation or establishment of an airport hazard is a public
 2   nuisance and an injury to the community served by an airport;
 3     (2) it is necessary in the interest of the public health, safety,
 4   and general welfare that the creation or establishment of airport
 5   hazards be prevented;
 6     (3) this should be accomplished, to the extent legally possible,
 7   by proper exercise of the police power; and
 8     (4) the prevention of the creation or establishment of airport
 9   hazards, and the elimination, removal, alteration, mitigation, or
10   marking and lighting of existing airport hazards are public
11   purposes for which municipalities may raise and expend public
12   funds, as an incident to the operation of airports, to acquire land or
13   property interests in them.
14
15      Section 55-9-260. A county, municipality or political
16   subdivision that has an airport hazard area within its territorial
17   limits may adopt, administer, and enforce in the manner and upon
18   the conditions prescribed by this chapter, zoning regulations for
19   the airport hazard area. These regulations may divide the area into
20   zones and, within these zones, specify the land uses permitted, and
21   regulate and restrict, for the purpose of preventing airport hazards,
22   the height to which structures and trees may be erected or
23   permitted to grow. The adoption of these zoning regulations shall
24   conform to the requirements of Section 6-29-710, et seq. of the
25   South Carolina Code of laws governing zoning.
26
27      Section 55-9-270. When an airport hazard area appertaining to
28   an airport owned or controlled by a county, or political subdivision
29   municipality is located outside the territorial limits of the
30   governmental entity.
31      The governmental entity owning or controlling the airport, and
32   the county municipality, or political subdivision within which the
33   airport hazard area is located, may by ordinance adopt, administer,
34   and enforce airport zoning regulations applicable to the airport
35   safety zones, airport land use zones, and airport hazards.
36
37      Section 55-9-280. A governmental entity that owns or controls
38   an airport and the Division of Aeronautics may maintain actions in
39   equity to restrain and abate as nuisances the creation or
40   establishment of airport hazards appertaining to an airport in
41   violation of any zoning regulations adopted or established pursuant
42   to the provisions of this chapter for any area whether within or
43   without the territorial limits of the municipality.

     [707]                             33
 1
 2      Section 55-9-290. The division may maintain actions in equity
 3   to restrain and abate as nuisances the creation or establishment of
 4   airport hazards appertaining to any airport within the State, in
 5   violation of any zoning regulations adopted or established pursuant
 6   to the provisions of this chapter.
 7
 8      Section 55-9-300. Any governmental entity may incorporate
 9   airport hazard area regulations and administer and enforce them.
10
11     Section 55-9-310. In the event of a conflict between any airport
12   zoning regulations adopted or established pursuant to chapter and
13   any other regulations applicable to the same area, whether the
14   conflict be with respect to the height of structures or trees, the use
15   of land, or any other matter, the more stringent limitation or
16   requirement shall govern and prevail.
17
18      Section 55-9-320. In adopting, amending, and repealing airport
19   zoning regulations under this chapter, the governing body of a
20   county, city, or political subdivision city shall follow the procedure
21   in Section 6-29-760.
22
23      Section 55-9-330. (A) All airport zoning regulations adopted
24   pursuant to chapter may be reasonable and none shall impose any
25   requirement or restriction which is not necessary to effectuate the
26   purposes of this chapter.
27      (B) Airport zoning regulations adopted under this chapter may
28   require, at the governmental entity’s expense, the removal,
29   lowering, or other change or alteration of any structure or tree, or a
30   change in use, not conforming to the regulations when adopted or
31   amended.
32      (C) Airport zoning regulations adopted under this chapter may
33   require a property owner to permit the governmental entity at its
34   own expense to install, operate, and maintain on the property
35   markers and lights, as necessary, to indicate to operators of aircraft
36   the presence of the airport hazard.
37      (D) All regulations may provide that a preexisting
38   nonconforming structure, tree, or use, shall not be replaced, rebuilt,
39   altered, allowed to grow higher, or replanted, so as to constitute a
40   greater airport hazard than it was when the airport zoning
41   regulations or amendments to the regulations were adopted.
42


     [707]                             34
 1      Section 55-9-340. A person desiring to erect or increase the
 2   height of a structure, or to permit the growth of any tree, or
 3   otherwise use the person’s property in violation of airport zoning
 4   regulations adopted under this chapter, may apply to the board of
 5   adjustment for a variance from the zoning regulations. The
 6   variances must be allowed where a literal application or
 7   enforcement of the regulations would result in practical difficulty
 8   or unnecessary hardship and the relief granted would not be
 9   contrary to the public interest, but would do substantial justice and
10   be in accordance with the spirit of the regulations and this chapter.
11   However, that any variance may be allowed subject to any
12   reasonable conditions that the board of adjustment may consider
13   necessary to effectuate the purposes of this chapter, including the
14   reservation of the right of the governmental entity, at its own
15   expense, to install, operate, and maintain on it markers and lights
16   as may be necessary to indicate to operators of aircraft the
17   presence of the airport hazard.
18
19      Section 55-9-360. All airport regulations adopted pursuant to
20   chapter shall provide for the administration and enforcement of
21   these regulations by an administrative agency, which may be an
22   agency created by these regulations, or by any official, board, or
23   other existing agency of the municipality adopting the regulations,
24   or of one or both of the governmental entities which participated in
25   it.”
26
27   SECTION 5. Chapter 11, Title 55 of the 1976 Code is amended to
28   read:
29
30                             “CHAPTER 11
31
32                           Particular Airports
33
34                                Article 1
35
36                           Clemson University
37
38     Section 55-11-10.The board of trustees of Clemson University
39   may:
40     (1) plan, acquire, own, control, develop, maintain and operate a
41   public airport in accordance with the requirements of the Federal
42   Airport Aviation Act and the regulations prescribed thereunder;


     [707]                            35
 1      (2) develop, maintain and operate such public airport out of
 2   any appropriations provided by the State or other funds, public or
 3   private, made available for such purposes;
 4      (3) enter into agreements with the State for the purpose of
 5   receiving State funds available for public airport purposes, and
 6   accept, receive, receipt for, disburse and expend such State funds
 7   for the purposes provided by this section; provided, however, that
 8   such funds shall be accepted and expended upon such terms and
 9   conditions as may be prescribed by the State;
10      (4) enter into grant agreements with the United States for the
11   purpose of receiving Federal grant-in-aid funds for public airport
12   purposes, and accept, receive, receipt for, disburse and expend
13   such funds made available by grant, to accomplish in whole or in
14   part any of the public airport purposes provided for by the Federal
15   Airport Act and the regulations thereunder; provided, however,
16   that all Federal funds shall be accepted and expended upon such
17   terms and conditions as may be prescribed by the United States or
18   any agency or department thereof;
19      (5) designate the Division of Aeronautics of the Department of
20   Commerce Department of Transportation as its agent, to accept,
21   receive, receipt for and disburse federal or state funds or other
22   funds, public or private, made available for the purposes of this
23   section, as may be required or authorized by law;
24      (6) acquire property, real and personal, or any interest in it, by
25   gift, purchase, condemnation, devise, lease, or otherwise, as may
26   be required in the development and operation of a public airport;
27      (7) adopt regulations, establish charges, fees and tolls for the
28   use of such airport, and exercise such powers as may be necessary
29   to achieve compliance with its regulations and enforce payment of
30   its charges, fees and tolls; and
31      (8) enter into long-term contracts, leases and other agreements
32   relative to the development, operation and management of the
33   airport; provided, however, that such contracts, leases and
34   agreements shall be in compliance with the requirements of the
35   Federal Airport Act and the regulations prescribed thereunder and
36   in accordance with the laws and regulations governing the making
37   of contracts, leases or agreements by or on behalf of the State.
38
39                                Article 3
40
41                  Greenville and Spartanburg Counties
42


     [707]                            36
 1     Section 55-11-110. The territory embraced by the counties of
 2   Greenville and Spartanburg is hereby constituted an airport district
 3   and political subdivision of this State, the functions of which shall
 4   be public and governmental, and the inhabitants of such territory
 5   are hereby constituted a body politic and corporate. The corporate
 6   name of the airport district shall be Greenville-Spartanburg Airport
 7   District, and by that name the airport district may sue and be sued.
 8
 9      Section 55-11-120. The corporate powers and duties of the
10   district shall be exercised and performed by a commission to be
11   known as Greenville-Spartanburg Airport Commission. The
12   commission shall be composed of six members to be appointed by
13   the Governor as follows: Three of the members shall be residents
14   of Spartanburg County and the original members shall be
15   appointed upon the recommendation of a majority of the members
16   of the Spartanburg County legislative delegation. Three of the
17   members shall be residents of Greenville County and the original
18   members shall be appointed upon the recommendation of a
19   majority of the members of the Greenville County legislative
20   delegation. The term of office of one of the original members
21   from Greenville County and one of the original members from
22   Spartanburg County shall be for two years. The term of another of
23   the original members from Greenville County and another of the
24   original members from Spartanburg County shall be for four years.
25   The two remaining members and the successors in office of all the
26   members of the commission shall serve for a term of six years.
27   The term of each member shall expire on the January first nearest
28   to the end of the term of years for which he is appointed under the
29   foregoing provision; provided, that each member shall serve until
30   his successor is appointed and qualified. Upon the expiration of
31   the term of each commissioner his successor shall be elected in the
32   same manner as set forth above. Upon election by a majority of
33   the Spartanburg delegation or a majority of the Greenville
34   delegation, as the case may be, then the secretary or acting
35   secretary of the county delegation shall certify the approval to the
36   Governor, who shall commission the nominee for the term
37   provided by the provisions of this section. Any new member shall
38   be a suitable person who is a resident of the same county as the
39   member he is to succeed. Successors shall be appointed to serve
40   for the unexpired term of members who die or resign in like
41   manner and upon like recommendation as hereinabove set forth.
42


     [707]                            37
 1      Section 55-11-130. The commission shall appoint one of its
 2   members as chairman and one of its members, or any other
 3   competent person, as secretary of the commission. The chairman
 4   of the commission shall serve for a term of two years and until his
 5   successor is appointed and qualified. The members of the
 6   commission shall serve without compensation, except for their
 7   actual expenses while in performance of duties prescribed under
 8   this article.
 9
10      Section 55-11-140. To the commission is hereby committed the
11   function of planning, establishing, developing, constructing,
12   enlarging, improving, maintaining, equipping, operating,
13   regulating, protecting and policing an airport and air navigation
14   facility to serve the people of the district and the public generally.
15   To this end, the commission may:
16      (1) Have perpetual succession.
17      (2) Adopt, use and alter a corporate seal.
18      (3) Make bylaws for the management and regulation of its
19   affairs, and define a quorum for its meetings.
20      (4) Requisition, from time to time, moneys from the State
21   Treasurer which have been derived from the principal proceeds of
22   general obligation bonds issued pursuant to 1959 Acts and Joint
23   Resolutions (51 Statutes at Large) No. 99, whenever, in the
24   opinion of the commission, funds are required for any purposes for
25   which the bonds shall have been issued. The requisition shall
26   certify to the State Treasurer the sum which, in the opinion of the
27   commission, is required and shall set forth generally the nature of
28   the purposes to which the moneys are to be applied. Following the
29   requisition of moneys, they shall be deposited in any bank or trust
30   company having an office within the district, and shall thereafter
31   be withdrawn and expended by the commission for the purposes
32   for which the bonds were issued.
33      (5) Deposit and withdraw moneys monies realized from the
34   sale of revenue bonds issued pursuant to Section 55-11-150 and to
35   expend the moneys in the manner prescribed by the proceedings
36   authorizing the issuance of the revenue bonds.
37      (6) Deposit moneys derived from revenue producing facilities
38   in any bank or trust company having an office within the district
39   and withdraw the moneys for the purpose of operating,
40   maintaining, constructing, improving and extending any facility in
41   its charge.
42      (7) Plan, establish, develop, construct, enlarge, improve,
43   maintain, equip, operate, regulate, protect and police its airport and

     [707]                             38
 1   air navigation facility under such reasonable rules and regulations
 2   as the commission may from time to time promulgate.
 3      (8) Maintain and extend runways, terminals, maintenance
 4   shops,     access     roads,     utilities  systems,     concessions,
 5   accommodations, and other facilities of whatever nature or kind
 6   for the comfort and accommodation of air travelers; purchase and
 7   sell supplies, goods and commodities as an incident to the
 8   operation of its airport facilities; and for all such purposes the
 9   commission may by purchase, gift, devise, lease, eminent domain
10   proceedings, or otherwise acquire, hold, develop, use, lease,
11   mortgage, sell, transfer, and dispose of any property, real or
12   personal, or any interest therein, including easements in airport
13   hazards, or land outside the boundaries of its airport or airport site,
14   necessary to permit the removal, elimination, obstruction-marking
15   or obstruction-lighting, of airport hazards, or to prevent the
16   establishment of airport hazards.
17      (9) License, lease, rent, sell or otherwise provide for the use of
18   any of its airport facilities, including the privilege of supplying
19   goods, commodities, things, services or facilities at such airport by
20   any persons qualified to use them, as its discretion may dictate;
21   provided, that in no case shall the public be deprived of its rightful,
22   equal and uniform use of the airport, air navigation facility, or
23   portion or facility thereof.
24      (10) Place in effect and, from time to time, revise such
25   schedules of licenses, rates, and charges for the use of its facilities
26   as may be necessary or desirable to the orderly operation of the
27   airport facility of the District; provided, that all such rates and
28   charges shall be reasonable and nondiscriminatory.
29      (11) Exercise the power of eminent domain for any corporate
30   function. The power may be exercised through any procedure
31   prescribed by Sections 28-9-10 to 28-9-110. All powers conferred
32   on municipalities under Sections 28-9-10 to 28-9-110 are
33   conferred herein on the commission.
34      (12) Appoint officers, agents, employees and servants and
35   prescribe the duties of such, including the right to appoint persons
36   charged with the duty of enforcing its rules and regulations as
37   provided for in item (7) of this section, fix their compensation and
38   determine if and to what extent they shall be bonded for the
39   faithful performance of their duties.
40      (13) Employ engineers, architects and attorneys and contract for
41   such other services of a technical or professional nature as may be
42   necessary or desirable to the performance of the duties of the
43   commission.

     [707]                             39
 1      (14) Make contracts for the construction, erection, maintenance
 2   and repair of the facilities in its charge, by competitive bidding if
 3   such contracts are in excess of ten thousand dollars. If the
 4   contracts are less than ten thousand dollars, then the Commission
 5   may make such contracts without competitive bids.
 6      (15) Apply for, accept, receive, receipt for, disburse and expend
 7   Federal, State, county or municipal moneys and other moneys,
 8   public or private, made available by grant or loan or both, to
 9   accomplish, in whole or in part, any of the purposes of this article
10   and, to this end, continue to prosecute any application filed with
11   the Federal Civil Aeronautics Aviation Administration or the
12   Federal Airway Authority, or any other Federal agency, by joint
13   action of the Spartanburg County and Greenville County
14   legislative delegations and pay from the funds of the district any
15   costs heretofore or hereafter incurred for any services rendered,
16   since the date the application was filed, in connection with the
17   procuring or processing of the application which are found by the
18   commission to legitimately inure to the benefit of the district. All
19   Federal moneys accepted under this section shall be accepted and
20   expended by the commission upon such terms and conditions as
21   are prescribed by the United States and as are consistent with State
22   law, and all other moneys accepted under this section shall be
23   accepted and expended by the commission upon such terms and
24   conditions as are prescribed by the State or other sources thereof.
25      (16) Do all other acts and things necessary or convenient to
26   carry out any function or power committed or granted to the
27   district.
28
29      Section 55-11-150. The commission may, on behalf of the
30   district, borrow money and make and issue negotiable bonds, notes
31   and other evidences of indebtedness payable solely from the
32   revenue derived from the operation of any revenue-producing
33   facility or facilities in its charge. The sums borrowed may be those
34   needed to pay costs incident to the operation and maintenance of
35   its airport facility or such sums as may be needed to pay the cost of
36   any extension, addition or improvement to its airport facility, or
37   both. If the method of financing authorized by this section is used,
38   neither the faith and credit of this State nor of any county lying
39   within the district nor of the district itself shall be pledged to the
40   payment of the principal and interest of the obligations, and there
41   shall be on the face of such obligation a statement, plainly worded,
42   to that effect. Neither the members of the commission nor any
43   person signing the obligations shall be personally liable thereon.

     [707]                             40
 1   That a convenient procedure for borrowing money pursuant to this
 2   section may be prescribed, the district may avail itself of all
 3   powers granted by Title 6, Chapter 17, notwithstanding the fact
 4   that the district shall not otherwise be deemed to be a municipality.
 5   In exercising the powers conferred upon the district by such code
 6   provisions, the district may make all pledges and covenants
 7   authorized by any provision thereof, and may confer upon the
 8   holders of its securities all rights and liens authorized by such code
 9   provisions. Specifically, and notwithstanding contrary provisions
10   in any such code provisions, the district may:
11      (1) provide that such bonds, notes or other evidences of
12   indebtedness be payable, both as to principal and interest, from the
13   net revenues derived from the operation of any revenue-producing
14   facility or facilities, as such net revenues may be defined by the
15   commission;
16      (2) covenant and agree that upon its being adjudged in default
17   as to the payment of any installment of principal and interest upon
18   any obligation issued by it or in default as to the performance of
19   any covenant or undertaking made by it, that in such event the
20   principal of all obligations of such issue may be declared forthwith
21   due and payable, notwithstanding that any of them may not have
22   then matured;
23      (3) confer upon a corporate trustee the power to make
24   disposition of the proceeds from all borrowings and also all
25   revenues derived from the operation of the revenue-producing
26   facility whose revenues are pledged for the payment of such
27   obligations, in accordance with and in the order of priority
28   prescribed by resolutions adopted by the commission as an
29   incident to the issuance of any notes, bonds or other evidences of
30   indebtedness;
31      (4) dispose of its obligations at public or private sale and upon
32   such terms and conditions as it shall approve;
33      (5) make such provision for the redemption of any obligations
34   issued by it prior to their stated maturity, with or without a
35   premium, and on such terms and conditions as the commission
36   shall approve;
37      (6) covenant and agree that any cushion fund established to
38   further secure the payment of principal and interest of any
39   obligation shall be in a fixed amount;
40      (7) covenant and agree that it will not enter into any
41   agreements with any person or with the government of this State,
42   the United States, or any of their political subdivisions, for the


     [707]                             41
 1   furnishing of free services where such services are ordinarily
 2   charged for;
 3     (8) prescribe the procedure, if any, by which the terms of the
 4   contract with the holders of its obligations may be amended, the
 5   number of obligations whose holders must consent thereto, and the
 6   manner in which such consent shall be given; and
 7     (9) prescribe the evidences of default and conditions upon
 8   which all or any obligation shall become or may be declared due
 9   before maturity, and the terms and conditions upon which such
10   declaration and its consequences may be waived.
11
12      Section 55-11-160. All revenues derived by the commission
13   from the operation of any revenue-producing facility which may
14   not be required to discharge covenants made by it in issuing bonds,
15   notes or other obligations authorized by Section 55-11-150, shall
16   be held, disposed of or expended by the commission for purposes
17   germane to the functions of the district.
18
19      Section 55-11-170. The rates charged for services furnished by
20   any revenue-producing facility of the district as constructed,
21   improved, enlarged or extended shall not be subject to supervision
22   or regulation of any State bureau, commission, board or other like
23   instrumentality or agency thereof.
24
25      Section 55-11-180. Property and income of the district shall be
26   are exempt from all taxes and fees levied by the State, county or
27   any municipality, division, subdivision or agency thereof of them,
28   direct or indirect.
29
30     Section 55-11-185. No municipality may annex any real
31   property owned by the district without prior written approval of the
32   commission.
33
34      Section 55-11-190. So long as the district shall be indebted to
35   any person on any bonds, notes or other obligations issued
36   pursuant to the authority of this article, provisions of this article
37   and the powers granted to the district and the commission shall not
38   be in any way diminished, and the provisions of this article shall be
39   deemed a part of the contract between the district and the holders
40   of such obligations.
41
42      Section 55-11-200. During each year in which an ad valorem tax
43   is levied on the property with the Greenville-Spartanburg Airport

     [707]                            42
 1   District, the commission of said district shall determine the total
 2   amount realized from such tax and notify the treasurer of that
 3   county, paying to the Comptroller General less than that turned
 4   over to said Comptroller General by the other county. Thereupon
 5   such treasurer shall, from the general funds of his county, pay to
 6   the treasurer of the other county, to be placed in the general funds,
 7   such amount as shall be necessary to equalize the amount
 8   contributed by each county.
 9
10      Section 55-11-210. The commission is authorized to allow the
11   sale of alcoholic beverages at facilities on airport property
12   designed for the sale of food and beverage items. The hours and
13   days of sales must be established and regulated by the commission,
14   and may not be in conflict with state law and to adopt and
15   promulgate rules and regulations governing the use of roads,
16   streets, buildings, services, and parking facilities on lands of the
17   Greenville-Spartanburg Airport District. Such These rules and
18   regulations shall not be in conflict with any state law and all state
19   laws shall be applicable to the roads, streets and parking facilities
20   under the control of the commission. Rules and regulations of the
21   commission shall become effective when filed with the Executive
22   Secretary of the Greenville-Spartanburg Airport and in the office
23   of the Secretary of State in accordance with Section 1-1-210.
24      The commission is authorized to employ police officers
25   commissioned by the Governor to enforce all laws and the rules
26   and regulations authorized in this section, and such these officers
27   shall be authorized to issue summonses for violations in the
28   manner authorized for state highway patrolmen. Violations of any
29   a law or any a rule, or regulation of the commission within the
30   jurisdiction of the Civil and Criminal Court Circuit Court of
31   Spartanburg shall be tried in that court. Violations not within the
32   jurisdiction of that court shall be tried by any magistrate or other
33   court of competent jurisdiction. Any A person violating who
34   wilfully or intentionally violates the rules and regulations of the
35   commission shall be deemed is guilty of a misdemeanor, and upon
36   conviction, shall must be fined not more than one two hundred
37   dollars,or as otherwise provided by law, or be imprisoned for not
38   more than thirty days.
39   All fines and forfeitures collected pursuant to the provisions of this
40   section shall be forwarded weekly to the Greenville-Spartanburg
41   Airport Commission by the enforcing court for deposit in the
42   general operating fund of the district.
43

     [707]                             43
 1      Section 55-11-220. No such airport district property shall be a
 2   barrier to the contiguity requirements for the purposes of
 3   annexation. Any municipality or political subdivision which is
 4   contiguous to property owned by such multi-county multicounty
 5   airport district may annex, as provided by law, any property
 6   contiguous to such airport district property. Provided, that this
 7   provision shall be applicable to annexations taking place after
 8   October 1, 1994.
 9
10      Section 55-11-230. (A) An area designated as the airport
11   environs area is created within the district for purposes of assuring
12   land uses compatible with airport operations. The airport environs
13   area consists of all property contained within the area described as
14   follows:
15      All property consisting of the area described in the Air
16   Installation Compatible Use Zone pursuant to DODINST 4165.57
17   established by the United States Air Force applicable to runways
18   3L-21R 4L-22R (11,000 feet) and the proposed parallel runways
19   3R-21L 4R-22L (8,500 feet) including the CLEAR ZONES,
20   ACCIDENT POTENTIAL ZONE I, and the ACCIDENT
21   POTENTIAL ZONE II. Specifically, the environs includes all
22   property 1,000 feet to each side of the runway centerlines and in a
23   corridor 3,000 feet (1,500 feet either side of the runway
24   centerlines) wide, extending from the runway thresholds along the
25   extended runway centerlines for a distance of 15,000 feet, and
26   shall include the property located between the two corridors;
27   provided, however, that the southwestern boundary of the environs
28   area shall be the middle of Rocky Creek.
29      (B)(1) There is created the Greenville-Spartanburg Airport
30   Environs Planning Commission, the ‘Airport Environs Planning
31   Commission’, consisting of nine voting members, which have the
32   powers enumerated herein, and which must be separately
33   constituted from the Greenville-Spartanburg Airport Commission,
34   as follows:
35           (a) two members representing and appointed by the City
36   of Greer, one of whom also must be a resident of Greenville
37   County and one of whom also must be a resident of Spartanburg
38   County;
39           (b) two members representing and appointed by
40   Spartanburg County;
41           (c) one member representing and appointed by the Town
42   of Duncan;


     [707]                            44
 1           (d) two members representing and appointed by
 2   Greenville County;
 3           (e) all members must be appointed or reappointed
 4   biennially by the appointing county or municipality;
 5           (f) two members must be appointed or reappointed
 6   biennially by the Greenville-Spartanburg Airport District, one
 7   from Spartanburg County, and one from Greenville County.
 8   If the members are elected members of the county or municipal
 9   governing body or members of the district, each such
10   representative shall serve ex officio and with full voting privileges.
11        (2) If any new municipality is created where its boundaries
12   are wholly or partially within the airport environs area, or if any
13   existing municipality extends its corporate boundaries into the
14   airport environs area, that municipality becomes entitled to appoint
15   a member of the Airport Environs Planning Commission with a
16   representative appointed as described in subitem (g) of item (1)
17   item (1)(g) of this subsection, and the membership shall expand
18   accordingly.
19        (3) The Airport Environs Planning Commission is charged
20   with the responsibility of:
21           (a) developing a coordinated comprehensive land use plan
22   for the airport environs area in a manner consistent with the
23   process referred to in the South Carolina Local Government
24   Comprehensive Planning Enabling Act of 1994 contained in
25   Article 3, Chapter 29, Title 6; however, once the Airport Environs
26   Planning Commission has adopted a land use plan, no further
27   action by any other commission or governing body is necessary in
28   order to give effect to the regulations thereby adopted;
29           (b) updating the land use plan to reflect changes in the
30   airport environs area and the uses of the airport; and
31           (c) monitoring the administration of and compliance with
32   the plan by the affected counties and municipalities. The
33   commission’s actions are to assure that land use within the airport
34   environs area is compatible with noise, health, safety, and welfare
35   considerations arising from the operation of the district. The initial
36   meeting of the Airport Environs Planning Commission must be
37   held within forty-five days of the effective date of this section.
38        (4) By January 31, 1996, the Airport Environs Planning
39   Commission shall develop a uniform land use plan and uniform
40   building performance standards for the airport environs area,
41   submit them for review and comment to the governing body of
42   each political subdivision represented on the Airport Environs
43   Planning Commission, as well as the South Carolina Department

     [707]                             45
 1   of Commerce and the Federal Aviation Administration, conduct
 2   public hearings pursuant to Article 3, Chapter 29, Title 6, on the
 3   proposed uniform plan and standards. After receiving comments
 4   and conducting hearings, the Airport Environs Planning
 5   Commission shall adopt a land use plan and building performance
 6   standards to be effective throughout the airport environs area and
 7   enforced fully and without amendment by each political
 8   subdivision represented on the Airport Environs Planning
 9   Commission. The Airport Environs Planning Commission, by
10   majority of all voting members, may extend the January 31, 1996,
11   deadline for a reasonable period of time not to exceed beyond
12   March 31, 1996, for the completion of these tasks. Each political
13   subdivision shall enforce the uniform plan and standards as an
14   ‘overlay zone’, identifying areas subject to regulation which are
15   supplementary to the existing regulations of that political
16   subdivision, or as new or superseding provisions to that political
17   subdivision’s ordinances. If there is a conflict between the
18   provisions adopted by the Airport Environs Planning Commission
19   under this section or regulations of a political subdivision
20   applicable to the airport environs area, then the provisions adopted
21   by the Airport Environs Planning Commission under this section
22   shall govern. If a uniform land use plan or uniform building
23   performance standards are not developed by the Airport Environs
24   Planning Commission in the manner provided in this section, any
25   of the entities represented on the Airport Environs Planning
26   Commission may file an action for relief, including mandamus or
27   injunctive relief, in the circuit court for Greenville or Spartanburg
28   County, to require adoption of the plan or standards, or both, as
29   directed by this section. Such an action must be brought within
30   sixty days of the deadline as set forth above.
31        (5) The Airport Environs Planning Commission shall
32   organize itself, electing one of its members as chairman and one of
33   its members as vice chairman, whose terms must be for two years.
34   It shall appoint a secretary, who may or may not be a member, but
35   who must be a representative or employee of the Airport District.
36   The secretary shall give notice of all meetings to all members of
37   the Airport Environs Planning Commission at least three business
38   days prior to the meeting.
39        (6) The Airport Environs Planning Commission shall
40   provide for the keeping of minutes of its proceedings which shall
41   be a public record. A majority of the voting members of the
42   Airport Environs Planning Commission shall constitute a quorum.
43   A quorum shall be present before any business is conducted, other

     [707]                            46
 1   than the rescheduling of the meeting. A member must be present
 2   to vote. All decisions shall be by majority vote of the members
 3   present and voting. The Airport Environs Planning Commission,
 4   as it considers appropriate, may utilize committees and
 5   subcommittees. The general administrative expenses of the
 6   Airport Environs Planning Commission shall be borne by the
 7   Greenville-Spartanburg Airport District. A budget for such
 8   expenses shall be developed by the Airport Environs Planning
 9   Commission to include anticipated costs for consultants.
10         (7) The Airport Environs Planning Commission is subject to
11   the provisions of the Freedom of Information Act as contained in
12   Chapter 4, Title 30.
13         (8) The Airport Environs Planning Commission shall work
14   with the Greenville and Spartanburg County Planning
15   Commissions and the planning commission of each affected
16   municipality in the performance of its duties as outlined in item (4)
17   of this subsection. The costs of the services of consultants and
18   advisors, other than provided for in the budget, rendered to the
19   Airport Environs Planning Commission at the request of a specific
20   member must be borne by that member unless otherwise approved
21   by the Airport Environs Planning Commission.
22         (9) In developing the uniform land use plan and uniform
23   building standards, the Airport Environs Planning Commission
24   shall specifically address, among other items, the following
25   specific issues:
26           (a) the providing of record notice to property owners of
27   the fact that their property is within the airport environs area;
28           (b) density criteria for the airport environs area;
29           (c) sound abatement permit and building criteria;
30           (d) incompatible use criteria and definition for the airport
31   environs area;
32           (e) height restriction criteria;
33           (f) lighting hazard criteria within the airport environs
34   area;
35           (g) applicable FAA and state regulations for airport
36   activities and operations;
37           (h) a method by which landowners may seek variances or
38   exemptions from the plans or standards by executing in recordable
39   form aviation or avigation easements, releases, or other appropriate
40   documentation in a form approved by the Airport Environs
41   Planning Commission;
42           (i) application and review processes for building permits;


     [707]                            47
 1            (j) the providing of ongoing notice to the Airport
 2   Environs Planning Commission and each of its members of
 3   pending zoning or permitting requests and other actions in the
 4   affected counties and municipalities to assure that each member
 5   has notice and the opportunity to be heard with respect to such
 6   actions;
 7            (k) enforcement and penalty provisions, including
 8   injunctive relief;
 9            (l)the utilization of fees to be imposed to defray costs for
10   services and attendant expenses involved in the administration of
11   the regulations;
12            (m) the development of uniform standards for regulating
13   nonconforming uses; and
14            (n) the uses in the airport environs area and the sub-area
15   based on future projected uses of the airport which are not
16   compatible and should not be permitted, which are basically
17   incompatible and should be discouraged, and which are generally
18   compatible with some limitations or restrictions.                Such
19   determination shall take into account the public safety and public
20   welfare findings set forth in Section 1 hereof. Such determinations
21   are to conform to and be consistent with noise and overflight
22   zone-compatible land use recommendations of federal and state
23   authorities, including specifically policies established by the
24   United States Air Force pursuant to DODINST 4165.57 Air
25   Installation Compatible Use Zone (A1CUZ), the uses
26   recommended in the 1993 Greenville-Spartanburg Development
27   Plan adopted by the county planning commissions, and the South
28   Carolina Department of Commerce, Aviation Division.
29         (10) Following the adoption of the uniform land use plan and
30   uniform building and performance standards by the Airport
31   Environs Planning Commission, each political subdivision is
32   responsible for the implementation and administration of the
33   uniform provisions within its jurisdiction, including all
34   administrative costs incurred in connection therewith. The district
35   shall pay for any exceptional administrative costs determined by
36   the Airport Environs Planning Commission, and agreed to by the
37   district, to be direct and reasonable costs resulting from any special
38   task required in the administration of the uniform plan and
39   building performance standards. Additionally, the district shall
40   pay for the reasonable administrative expenses involved in the
41   monitoring activities described in subitem (c) of item (3) item
42   (3)(c) of this subsection.         The Airport Environs Planning
43   Commission shall meet at least annually to review the

     [707]                             48
 1   administration of the uniform plan and building performance
 2   standards by the member bodies, to consider issues which may
 3   require modifications or additions to the uniform provisions, to
 4   recommend appropriate studies to evaluate the effectiveness of the
 5   objectives of the uniform provisions, to consider future activities
 6   of the district and the impact of the same upon the airport environs
 7   area, and conduct such other business as may be appropriate.
 8   Based upon these activities, the Airport Environs Planning
 9   Commission may determine a need for amendments to the uniform
10   provisions. Amendments shall be made in accord with the same
11   uniform provisions on conducting hearings and submitting for
12   review and comments for the initial uniform land use plan and
13   uniform building performance standards.
14        (11)(a) In connection with the administration of the uniform
15   provisions by any member political subdivision, the Airport
16   Environs Planning Commission as a whole or any of its member
17   bodies individually or collectively, including the district, have
18   standing to appear and support or oppose the proposed action of
19   the particular political subdivision involved and have the same
20   standing to appeal this action as the affected political subdivision
21   or the affected landowner would have under Article 5, Chapter 29,
22   Title 6.
23            (b) Affected property owners or other aggrieved parties
24   have the same standing to appeal rights with respect to a decision
25   by a member political subdivision pursuant to its administration of
26   the uniform provisions as property owners or aggrieved parties
27   have in accordance with the appeal processes provided in Article 5,
28   Chapter 29, Title 6.
29        (12) A lawful use which exists on the date of adoption by the
30   Airport Environs Planning Commission of the uniform provisions
31   required by this section and which is inconsistent with the
32   provisions of the uniform land use plan or uniform performance
33   building standards is exempt from the uniform provisions, and any
34   regulation created by these uniform provisions may not require the
35   removal or alteration of any structure that, as it exists when the
36   uniform provisions are adopted, did not conform to that regulation.
37        (13) All costs, fees, or awards, or any combination of these,
38   arising from or as a result of any action of the Airport Environs
39   Planning Commission or the enforcement of the uniform
40   provisions enacted pursuant to this section in excess of any state or
41   federal funds received to defray such costs, fees, or awards must be
42   borne by the counties in which the Greenville-Spartanburg Airport
43   District is located; provided, however, any municipality or county

     [707]                            49
 1   administering the comprehensive land use plan and uniform
 2   buildings standards adopted by the Airport Environs Planning
 3   Commission is only liable for any costs, fees, or awards arising
 4   from their ministerial acts.
 5      (C) The provisions of this section do not apply to dwellings or
 6   other buildings which are damaged or destroyed and which are
 7   subsequently repaired or rebuilt.
 8
 9                                Article 5
10
11                    Lexington and Richland Counties
12
13      Section 55-11-310. The territory embraced by the counties of
14   Richland and Lexington is hereby constituted an airport district
15   and a political subdivision of this State, the functions of which
16   shall be public and governmental, and the inhabitants of the
17   territory are hereby constituted a body politic and corporate. The
18   corporate name of the airport district shall be Richland-Lexington
19   Airport District, and by that name the airport district may sue and
20   be sued.
21
22     Section 55-11-320. The corporate powers and duties of the
23   Richland-Lexington Airport District must be exercised and
24   performed by a commission to be known as Richland-Lexington
25   Airport Commission. The commission must be composed of
26   twelve members to be appointed by the Governor as follows: five
27   members must be appointed upon the recommendation of a
28   majority of the Lexington County Legislative Delegation, five
29   members must be appointed upon the recommendation of a
30   majority of the Richland County Legislative Delegation, and two
31   members must be appointed upon the recommendation of the City
32   Council of the City of Columbia. The members of the commission
33   shall serve for terms of four years and until their successors are
34   appointed and qualify. Members may not serve more than two
35   consecutive terms. A member serving on July 1, 1994, may serve
36   until the expiration of the term for which he was elected and may
37   serve two additional terms. In the event of a vacancy for any
38   reason, other than the expiration of a term, a successor must be
39   appointed in the same manner of the original appointment for the
40   balance of the unexpired term. Any member may be removed by
41   the appointing authority for neglect of duty, misconduct, or
42   malfeasance in office after being given a written statement of
43   reasons and an opportunity to be heard. Notwithstanding the

     [707]                           50
 1   expiration of the term of office of any member, he shall continue to
 2   serve until his successor shall have been recommended, appointed,
 3   and qualified, but any delay in appointing a successor shall not
 4   extend the term of such successor. The members of the
 5   commission shall serve without compensation, except for their
 6   actual and necessary expenses while in performance of duties
 7   prescribed under this article.
 8
 9      Section 55-11-330. The commission shall appoint one of its
10   members as chairman, one of its members as vice chairman, and
11   one of its members, or any other competent person, as secretary of
12   the commission. The chairman of the commission shall serve for a
13   term of two years and until his successor is appointed and
14   qualified. The vice chairman shall likewise serve for a term of two
15   years and until his successor is appointed and qualified. The office
16   of chairman of the commission must be rotated among the
17   representatives of the three constituent appointing public bodies,
18   appointed by majority vote of the commission, for a term of two
19   years. The frequency of serving as chairman of the commission
20   must be based upon, and substantially equivalent to, the percentage
21   that each public body’s membership on the commission is to the
22   total membership of the commission. No representative of the
23   same public body may be appointed chairman unless there has
24   been at least one full two-year intervening term in which a
25   representative of one of the other public bodies has served as
26   chairman. In the event that the office of chairman becomes vacant,
27   the duties of the chairman must be temporarily performed by the
28   vice chairman, but a successor must be appointed as expeditiously
29   as possible from the members representing the same constituent
30   public body as did the former chairman who failed to complete his
31   term. Insofar as is practicable, the same scheme of rotation must
32   be applied to the office of vice chairman, but the practice of
33   rotating the office of vice chairman may be dispensed with, if the
34   commission, by a two-thirds vote, finds that the rotation of this
35   office is impracticable. Office on the commission is deemed an
36   office of honor within the meaning of the provisions of Section 1A
37   of, Article 17 of the Constitution of South Carolina. The term of
38   the secretary of the commission must be fixed by the commission.
39
40     Section 55-11-340. There is hereby committed to the
41   Commission the functions of planning, establishing, developing,
42   constructing, enlarging, improving, maintaining, equipping,
43   operating, regulating, protecting and policing such airports and air

     [707]                            51
 1   navigation facilities as shall be necessary to serve the people of the
 2   Richland-Lexington Airport district and the public generally. To
 3   this end, the commission shall be is empowered:
 4      (1) To have and enjoy perpetual succession.
 5      (2) To adopt, use and alter a corporate seal.
 6      (3) To make bylaws for the management and regulation of its
 7   affairs, and to define a quorum for its meetings, which shall require
 8   the presence of at least four members a simple majority of the total
 9   number of commissioners as provided by statute. Adequate
10   notification of all meetings and the time and place shall be given to
11   each member.
12      (4) To plan, establish, develop, construct, enlarge, improve,
13   maintain (which term shall include, here as hereafter, the power to
14   establish a reasonable reserve for maintenance), equip, operate,
15   regulate, protect and police its airports and air navigation facilities
16   under such reasonable rules and regulations as the commission
17   may from time to time promulgate.
18      (5) To maintain and extend runways, terminals, maintenance
19   shops,      access     roads,    utilities    systems,     concessions,
20   accommodations, own and maintain within the district postal
21   facilities, and other facilities of whatever nature or kind for the
22   comfort and accommodation of air travelers and air freight; to
23   purchase and sell supplies, goods, and commodities as an incident
24   to the operation of its airport facilities; and for all those purposes,
25   the commission may, by purchase, gift, devise, lease, eminent
26   domain proceedings, or otherwise, acquire, hold, develop, use,
27   lease, mortgage, sell, transfer, and dispose of any property, real or
28   personal, or any interest in it, including easements in or over land
29   needed to prevent airport hazards, or land outside the boundaries of
30   its airports and air navigation facilities necessary to permit the
31   removal, elimination, obstruction-marking or obstruction-lighting
32   of airport hazards, or to prevent the establishment of airport
33   hazards.
34      (6) To license, lease, rent, sell or otherwise provide for the use
35   of any of its airport facilities, and facilities auxiliary thereto,
36   including the privilege of supplying goods, commodities, things,
37   services or facilities at such airport by itself or by any persons or
38   corporations qualified therefor, on such terms and conditions as its
39   discretion may dictate; provided, that in no case shall the public be
40   deprived of its rightful, equal, and uniform use of its airports and
41   air navigation facilities.
42      (7) For the purpose of promoting the safety of its airports and
43   for the general welfare of air transportation the commission is

     [707]                             52
 1   empowered by regulation to restrict the height of any building,
 2   structure or obstruction including but not limited to towers,
 3   dwellings, trees, or any other object which might constitute a
 4   hazard to air transportation at its facilities within the area herein
 5   described. The commission may by regulation restrict the
 6   construction or erection of any building, structure or obstruction on
 7   lands located on the projection of any runways of its airport
 8   facilities at a height above a glide angle for aircraft of fifty feet to
 9   one foot measured outward from the boundaries of the end of any
10   runway at said airport, for a distance of up to ten thousand feet
11   along a prolongation of the center line of said runways and
12   extending laterally from the projection of said center lines of said
13   runways from a distance of one thousand feet each way at the
14   airport boundary, increasing to a lateral distance of four thousand
15   feet each way from the center of any runway at a distance of ten
16   thousand feet from the boundary of said the airport.
17      It may also also may by regulation restrict the erection of any
18   building or other type construction of any nature whatsoever on
19   lands adjacent to its air transport facilities at any point adjacent to
20   them, not covered by the preceding paragraphs, at a height above a
21   glide angle for aircraft of fifteen feet to one foot, measured
22   outward from the boundaries of any such air facilities for a
23   distance of twenty-five hundred feet.
24      The commission shall if it shall undertake to adopt regulations
25   prohibiting such construction, conduct a public hearing prior to
26   taking action of their own. Notice of such public meeting shall be
27   published in a newspaper of general circulation within the district
28   not less than seven days prior to the occasion fixed for the holding
29   of such meeting. Such notice shall state the time and place of the
30   meeting and shall briefly indicate the scope of the proposed
31   regulation. At such public meeting all persons affected by the
32   proposed regulation shall be entitled to appear and to be heard. If
33   following such a meeting the regulation restricting the erection of
34   any such buildings or structures as was herein described is
35   adopted, notice of the adoption of the regulation shall be given by
36   filing a certified copy thereof in the office of the Clerk of Court for
37   Richland County and in the office of the Clerk of Court for
38   Lexington County and additional copies shall be posted in the
39   Courthouse for Richland County and in the Courthouse for
40   Lexington County and in at least two public places within the
41   district; and notice of the adoption of such regulations shall be
42   published at least once during each of three successive weeks in a
43   newspaper published in and having general circulation in the

     [707]                             53
 1   district. Such regulations shall become effective only after the
 2   foregoing shall have been done.
 3      The commission is expressly authorized to apply to any court of
 4   general jurisdiction within the district for the enforcement of such
 5   regulations through the means of mandatory injunctions and other
 6   remedial proceedings and such courts are specifically empowered
 7   to render mandatory injunctions and such other remedial orders as
 8   shall appear to such courts to be just and reasonable.
 9   The provisions of this paragraph item (7) are hereby declared
10   separable from the remaining provisions of this article and the
11   invalidity hereof shall not affect or extend to the remaining
12   provisions of this article.
13      (8) To place in effect, and, from time to time, revise such
14   schedules of licenses, rates, and charges for the use of its facilities
15   as may be necessary or desirable to the orderly operation of its
16   airport facilities, provided, that all such licenses, rates and charges
17   shall be reasonable and nondiscriminatory; provided, further, that
18   the provisions of this section shall not be construed to be in
19   conflict with the provisions of paragraph item (6), supra, which
20   authorize the leasing of land and buildings auxiliary to its airport
21   facilities.
22      (9) To exercise the power of eminent domain for any corporate
23   function. The power of eminent domain may be exercised through
24   any procedure prescribed by Section 28-9-10 through Section
25   28-9-110. All powers conferred on municipalities under such
26   provisions are conferred hereby on the Richland-Lexington Airport
27   Commission.
28      (10) To appoint officers, agents, employees and servants, and to
29   prescribe the duties of such, including the right to appoint persons
30   charged with the duty of enforcing the rules and regulations
31   promulgated pursuant to the provisions of this article, to fix their
32   compensation, and to determine if, and to what extent they shall be
33   bonded for the faithful performance of their duties.
34      (11) To employ engineers, architects and attorneys, and to
35   contract for such other services of a technical or professional
36   nature as may be necessary or desirable to the performance of the
37   duties of the commission.
38      (12) To make contracts for the construction, erection,
39   maintenance and repair of the facilities in its charge, by
40   competitive bidding, after ten days published notice, if such
41   contracts are in excess of ten thousand dollars; if the contracts are
42   less than ten thousand dollars, then to enter into such contracts
43   without competitive bids according to the provisions of the

     [707]                             54
 1   district’s procurement manual, or another procedure prescribed by
 2   law.
 3      (13) To deposit monies derived from the sale of any bonds
 4   authorized to be issued under the provisions of this article or from
 5   revenue-producing facilities in any bank or trust company having
 6   an office within the district, and to withdraw the same for the
 7   purpose of operating, maintaining, constructing, improving and
 8   extending any facility in its charge.
 9      (14) To apply for, accept, receive, receipt for, disburse, and
10   expend Federal, State, county, or municipal monies and other
11   monies, public or private, made available by grant or loan, or both,
12   to accomplish, in whole or in part, any of the purposes of this
13   article, and to this end, to continue to prosecute any application
14   heretofore filed with the Federal Aviation Agency, or any other
15   Federal agency, by the City of Columbia, and to pay from the
16   funds of the district any costs hereafter incurred for any services
17   rendered, since the date the application was filed, in connection
18   with the procuring or processing of the application which is found
19   by the commission to legitimately inure to the benefit of the
20   Richland-Lexington Airport District. All Federal monies accepted
21   under this section shall be accepted and expended by the
22   commission upon such terms and conditions as are prescribed by
23   the United States, and as are consistent with State law; and all
24   other monies accepted under this section shall be accepted and
25   expended by the commission upon such terms and conditions as
26   are prescribed by the State or other sources thereof.
27      (15) To pay for any services rendered for the benefit of the
28   district from February 24, 1961 to July 9, 1973 which are found by
29   the commission to legitimately inure to the benefit of the
30   Richland-Lexington Airport District.
31      (16) To accept donations of all sorts, including a deed of
32   conveyance by Lexington County or and the City of Columbia of
33   its right, title, and interest in and to lands intended to form the site
34   of the airport facility to be constructed by the district and to accept
35   from the City of Columbia a relinquishment of any leasehold
36   interest or estate now possessed by the City of Columbia.
37      (17) Invest the funds or moneys monies in its possession,
38   eligible for investment, in the shares of any federal savings and
39   loan association or in the shares of any building and loan
40   association organized and existing under the laws of this State
41   when such shares are insured by the Federal Savings and Loan
42   Insurance Corporation.


     [707]                              55
 1      (18) To issue under the conditions prescribed in paragraph item
 2   (20) of this section general obligation bonds of the district in an
 3   amount not exceeding two million seven hundred thousand dollars.
 4      (19) In addition to the powers given by paragraph item (18) of
 5   this section, to borrow on behalf of the district money and to make
 6   and issue negotiable bonds, notes, and other evidences of
 7   indebtedness payable solely from the revenue derived from the
 8   operation of any revenue-producing facility, or facilities, in its
 9   charge. The sums borrowed may be those needed to pay costs
10   incident to the operation and maintenance of its airport facilities or
11   such sums as may be needed to pay the costs of any extension,
12   addition, or improvement to its airport facilities, or both. If the
13   method of financing authorized by this paragraph item is used,
14   neither the faith and credit of the State of South Carolina, nor of
15   any county lying within the district, nor of the district itself shall
16   be pledged to the payment of the principal and interest of the
17   obligations, and there shall be on the face of such obligation a
18   statement, plainly worded, to that effect. Neither the members of
19   the commission nor any person signing the obligations shall be
20   personally liable thereon. In order that a convenient procedure for
21   borrowing money pursuant to this paragraph may be prescribed,
22   the district shall be fully empowered to avail itself of all powers
23   granted by Chapter 21, Title 6, as now and hereafter amended, and
24   Chapter 17, Title 6, as now or hereafter amended. In exercising
25   the powers conferred upon the district by such code provisions, the
26   district may make all pledges and covenants authorized by any
27   provision thereof, and may confer upon the holders of its securities
28   all rights and liens authorized by such code provisions.
29   Specifically and notwithstanding contrary provisions in any such
30   Code provisions, the district may:
31         (a) Provide that such bonds, notes, or other evidences of
32   indebtedness be payable, both as to principal and interest, from the
33   net revenues derived from the operation of any revenue-producing
34   facility or facilities, as such net revenues may be defined by the
35   commission.
36         (b) Covenant and agree that upon its being adjudged in
37   default as to the payment of any installment of principal and
38   interest upon any obligation issued by it or in default as to the
39   performance of any covenant or undertaking made by it, that in
40   such event the principal of all obligations of such issue may be
41   declared forthwith due and payable, notwithstanding that any of
42   them may not have then matured.


     [707]                             56
 1         (c) Confer upon a corporate trustee the power to make
 2   disposition of the proceeds from all borrowings and also all
 3   revenues derived from the operation of the revenue-producing
 4   facility whose revenues are pledged for the payment of such
 5   obligations, in accordance with and in the order of priority
 6   prescribed by resolutions adopted by the commission as an
 7   incident to the issuance of any notes, bonds, or other evidences of
 8   indebtedness.
 9         (d) Dispose of its obligations at public or private sale and
10   upon such terms and conditions as it shall approve.
11         (e) Make such provision for the redemption of any
12   obligations issued by it prior to their stated maturity, with or
13   without a premium, and on such terms and conditions as the
14   commission shall approve.
15         (f) Covenant and agree that any cushion fund established to
16   further secure the payment of principal and interest of any
17   obligation shall be in a fixed amount.
18         (g) Covenant and agree that it will not enter into any
19   agreements with any person, firm, corporation, or with the
20   government of this State, the United States, or any of the political
21   subdivisions of the same for the furnishing of free services where
22   such services are ordinarily charged for.
23         (h) Prescribe the procedure, if any, by which the terms of the
24   contract with the holders of its obligations may be amended, the
25   number of obligations whose holders must consent thereto, and the
26   manner in which such consent shall be given.
27         (i) Prescribe the evidences of default and conditions upon
28   which all or any obligation shall become or may be declared due
29   before maturity and the terms and conditions upon which such
30   declaration and its consequences may be waived.
31      (20) The commission, on behalf of the district, shall be
32   empowered to issue not exceeding two million seven hundred
33   thousand dollars of general obligation bonds of the district, whose
34   proceeds shall be used to defray the cost of constructing and
35   establishing suitable airport facilities within the district. For the
36   purpose of this section, the term ‘construct and establish’ shall
37   embrace the cost of direct construction, the cost of all land,
38   property, rights, easements, and franchises acquired (in addition to
39   such property as may be conveyed to the district by Lexington
40   County and the City of Columbia) which are deemed necessary for
41   the construction and use of runways, terminal buildings,
42   maintenance shops, freight depots, service establishments, and any
43   and all facilities incident, or in anywise appurtenant, to an airport

     [707]                            57
 1   facility, and all machinery and equipment needed therefor,
 2   payments to contractors, laborers, or others for work done or
 3   material furnished, financing charges, interest incurred in
 4   connection therewith, interest on the bonds herewith authorized for
 5   not exceeding eighteen months, cost of engineering services,
 6   architectural services, legal services, legal and engineering
 7   expenses, plans, specifications, surveys, projections, drawings,
 8   brochures, administrative expenses and such other expenses as
 9   may be necessary or incident to the construction and operation of
10   an airport facility within the district, hereafter incurred, for the
11   purposes for which the district is created. All or any general
12   obligation bonds issued pursuant to this paragraph shall conform to
13   the following specifications and be subject to the following
14   procedures:
15         (a) They shall be issued as a single issue, or from time to
16   time as several separate issues. They shall bear such date or dates
17   as the commission shall determine, and bonds of any issue shall
18   mature in such equal or unequal installments as may be determined
19   by the commission. They shall be made payable at such place or
20   places as the commission shall prescribe, and they shall bear
21   interest at such rate or rates, and shall be payable in such manner
22   as the commission may determine. The bonds may be issued with
23   the privilege of having them registered as to principal on the books
24   of the commission and the principal thus made payable to the
25   registered holder (unless the last registered transfer shall have been
26   to bearer), upon such conditions as the commission may prescribe.
27   Any bond issued pursuant to this paragraph item may be made
28   subject to redemption prior to its stated maturity, on such terms
29   and conditions and with such redemption premium as the
30   commission shall prescribe.
31         (b) They shall be sold at not less than par and accrued
32   interest to the date of their respective deliveries at public sale. At
33   least ten days prior to any sale, notice announcing the intention to
34   receive bids for sale of such bonds shall be published in a
35   newspaper of general circulation in the State of South Carolina. In
36   offering the bonds for sale, the commission shall reserve the right
37   to reject any and all bids, and if all bids shall be rejected, the
38   commission may negotiate privately for the disposition of such
39   bonds.
40         (c) Such bonds and all interest to become due thereon shall
41   have the tax exempt status prescribed by Section 12-1-60.
42         (d) All general obligation bonds issued pursuant to this
43   article shall be manually signed by the chairman of the

     [707]                             58
 1   commission. The seal of the district shall be affixed to, impressed
 2   or reproduced upon each of such bonds, and each of such bonds
 3   shall be attested by the secretary of the commission. The coupons
 4   attached to such bonds shall be authenticated by a facsimile of the
 5   signatures of the chairman and the secretary of the commission,
 6   who shall be in office on the date of the adoption of the resolution
 7   of the commission authorizing the bonds.
 8        (e) The delivery of any bonds so executed and authenticated
 9   shall be valid notwithstanding any changes in officers or seal
10   occurring after such execution and authentication.
11        (f) There shall be irrevocably pledged for the payment of
12   such bonds and interest as they mature the full faith, credit and
13   resources of the district. Until the principal and interest of all
14   bonds issued under this article shall be fully paid, there shall be
15   levied on all taxable property in the district an annual tax ad
16   valorem sufficient to pay the principal and interest of all bonds
17   issued under this article as such principal and interest becomes
18   due. The tax shall be annually levied by the Comptroller General
19   of South Carolina and collected by the county treasurers of
20   Richland and Lexington Counties at the same time and in the same
21   manner as county taxes are collected. Each of the county
22   treasurers shall collect the tax in his county and pay the same to the
23   State Treasurer in the manner and within the time heretofore
24   provided by law for the payment of state taxes to the State
25   Treasurer, who shall set them apart in a special fund and apply
26   them solely to the payment of principal and interest of the bonds so
27   long as any such principal or interest remains outstanding. The tax
28   to be levied under the provisions of this paragraph item shall not
29   be substantially greater than the amount necessary to pay principal
30   and interest of bonds maturing during the year in which moneys
31   produced by such levy will come into the hands of the State
32   Treasurer, as reduced by the anticipated balance of funds actually
33   in the hands of the State Treasurer, on the occasion when it
34   becomes necessary to fix such tax levy, produce by: (a) additional
35   collections from such levies made in prior years; (b) net revenues
36   derived by the commission from the operation of its facilities not
37   required to meet costs of operating, maintaining, enlarging and
38   improving its facilities, or to discharge covenants securing bonds
39   issued pursuant to paragraph item (19). When all principal and
40   interest of outstanding bonds have been paid, the State Treasurer
41   shall transfer any balance remaining in the special fund created
42   under the terms of this paragraph to the general fund of the
43   commission subject to its draft or order for any legitimate purpose

     [707]                             59
 1   incident to the operation, maintenance or extension of the district’s
 2   airport facilities.
 3         (g) The proceeds derived from the sale of such bonds shall
 4   be deposited with the Treasurer of the State of South Carolina in a
 5   separate and special fund, and shall be subject to transfer, upon
 6   warrants or orders of the commission, to any bank or trust
 7   company having an office within the district, to be expended by
 8   the commission for the purposes specified herein, and no others;
 9   provided, however, that any premium received shall be deposited
10   with the Treasurer of the State of South Carolina and applied by
11   him to the first installment of principal becoming due on the
12   bonds, and any accrued interest received shall be applied by the
13   State Treasurer to the first installment of interest becoming due on
14   the bonds and provided, further, pending such withdrawals, the
15   Treasurer of South Carolina shall, upon the request of the
16   commission, be empowered to invest and reinvest the proceeds
17   derived from the sale of the bonds in direct general obligations of
18   the United States of America having a maturity of not more than
19   one year from the date as of which such investment shall be made.
20   Income derived from such investments shall be applied to the
21   payment of any interest to accrue on the general obligation bonds
22   of the district. Neither the purchaser of the bonds nor any
23   subsequent holders thereof shall be responsible for the proper
24   application of the proceeds of sales.
25      (21) Do all other acts and things necessary or convenient to
26   carry out any function or power committed or granted to the
27   district.
28
29   Section 55-11-350. The Richland-Lexington Airport Commission
30   is authorized to adopt and promulgate rules and promulgate
31   regulations governing the use of roads, streets, and buildings, and
32   parking facilities, and all other airport faculties upon the lands of
33   the Richland-Lexington Airport Commission. Such rules and
34   regulations shall not be in conflict with any State law and all State
35   laws are hereby declared to be applicable to the roads, streets and
36   parking facilities under the control of the commission. The rules
37   and regulations authorized herein shall be effective when filed with
38   the Director of the Columbia Metropolitan Airport and in
39   accordance with Section 1-1-210.
40     The Richland-Lexington Airport Commission is authorized to
41   employ police officers to be commissioned by the Governor who
42   shall enforce all laws, rules and regulations authorized herein and
43   shall, in addition, have authority to issue summonses for violations

     [707]                            60
 1   thereof in the manner provided for South Carolina State Highway
 2   Patrolmen.
 3      Persons violating any of the applicable laws within a
 4   magistrate’s jurisdiction or any of the rules or regulations of the
 5   commission shall be tried by magistrates having jurisdiction of the
 6   area in which the violation occurred.
 7      Any A person violating the provisions of any of the rules and
 8   regulations rule or regulation of the Commission shall be
 9   commission is deemed guilty of a misdemeanor and, upon
10   conviction, fined not more than one hundred dollars or be
11   imprisoned for not more than thirty days must be sentenced not
12   more than the maximum fine or imprisonment allowed in
13   magistrates court.
14      All fines and forfeitures collected under the provisions of this
15   article shall be forwarded weekly to the Richland-Lexington
16   Airport Commission by the enforcing magistrate, to be credited to
17   the general operating fund of the district.
18      Notwithstanding the provisions of this section, any public road,
19   street, or highway located in the Richland-Lexington Airport
20   District which is contiguous to or intersects the corporate limits of
21   a municipality is within the police jurisdiction of that municipality.
22   Summonses issued by municipal police officers in the jurisdiction
23   authorized pursuant to this paragraph section must be tried in
24   municipal court, and all fines and forfeitures collected under the
25   provisions of this paragraph may be retained by the enforcing
26   municipality.
27
28      Section 55-11-351. It is unlawful for a person or group of
29   persons wilfully and knowingly to:
30      (1) enter or remain on an airport’s roads, streets, buildings
31   parking facilities, or other airport properties unless the person is
32   authorized by airport rules and regulations when entry is done for
33   the purpose of uttering loud, threatening, and abusive language, or
34   to engage in disorderly or disruptive conduct with the intent to
35   impede, disrupt or disturb the orderly conduct of business by
36   airport or airport tenants’ employees;
37        (2) obstruct or impede passage on an airport’s properties or
38   buildings;
39      (3) engage in an act of physical violence upon airport
40   properties or buildings; or
41      (4) parade, demonstrate, or picket upon airport properties or
42   within airport buildings.
43

     [707]                             61
 1
 2     Section 55-11-355. No property of the Richland-Lexington
 3   Airport District is a barrier to the contiguity requirements for the
 4   purposes of annexation. Any municipality which is contiguous to
 5   property owned by the district may annex, as provided by law, any
 6   property contiguous to the district.
 7
 8      Section 55-11-360. All revenues derived by the commission
 9   from the operation of any revenue-producing facility which may
10   not be required to operate, maintain, enlarge and improve its
11   airport facilities, or to pay obligations incurred in the issuance of
12   any revenue bonds sold pursuant to the authorizations of paragraph
13   item (19), Section 55-11-340, shall be paid over to the State
14   Treasurer, and held by him for the payment of interest and
15   principal of general obligation bonds of the district.
16
17      Section 55-11-370. The rates charged for services furnished by
18   any revenue-producing facility of the district as constructed,
19   improved, enlarged or extended, shall not be subject to supervision
20   or regulation of any State bureau, commission, board or other like
21   instrumentality or agency thereof.
22
23     Section 55-11-380. Property and income of the district shall be
24   exempt from all taxes levied by the State, county or any
25   municipality, division, subdivision or agency thereof, direct or
26   indirect.
27
28     Section 55-11-390. So long as the district shall be indebted to
29   any person, firm or corporation on any bonds, notes, or other
30   obligations issued pursuant to the authority of this article,
31   provisions of this article and the powers granted to the district and
32   the commission shall not be in any way diminished and the
33   provisions of this article shall be deemed a part of the contract
34   between the district and the holders of such obligations.
35
36     Section 55-11-400. The governing body of the county of
37   Richland and the governing body of the county of Lexington are
38   hereby authorized and directed to make, execute and deliver a
39   contract, each with the other, agreeing to pay to the
40   Richland-Lexington Airport Commission, in equal amounts, the
41   funds necessary to meet the annual operating deficit, if any, of the
42   Richland-Lexington Airport Commission or to provide for the
43   commission sufficient funds to prevent any such deficit from

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 1   arising by annual equal payments to the Commission’s anticipated
 2   budget.
 3
 4      Section 55-11-410. There shall be provided in the annual act
 5   levying taxes for county purposes by Richland County and
 6   Lexington County appropriations sufficient to carry out the
 7   provisions of Section 55-11-400.
 8      In the event that the County of Richland or the County of
 9   Lexington, or either of them, should fail or refuse to make any
10   such contract, or if such contract should be made and there should
11   be a default thereunder, and for either of such reasons or for any
12   other reason the County of Richland or the County of Lexington
13   should fail to provide its one-half share of the operating deficit, the
14   Comptroller General of the State of South Carolina is authorized
15   and directed to withhold from the moneys monies to be received
16   by the County of Richland or the County of Lexington, as the case
17   may be, from the annual distribution made by the State of South
18   Carolina to counties and municipalities from its receipts from the
19   taxes levied by the State of South Carolina on alcoholic beverages,
20   beer and wine, and on personal and corporate income an amount
21   sufficient to pay such share or shares of the operating deficit.
22
23     Section 55-11-420. The provisions of this article shall not
24   prohibit the operation of any public or private airport located
25   within the district by any other public agency or governmental
26   authority, or by any private agency or person.
27
28                                 Article 7
29
30           State Funding of Air Carrier Hub Terminal Facilities
31
32      Section 55-11-500. As used in this article:
33      (a) An ‘air carrier hub terminal facility’ is an airport terminal
34   facility from which an air carrier certified or licensed by the
35   Federal Aviation Administration, within five years from the date of
36   issuance of the obligations described in this article, operates either:
37         (1) at least twenty common carrier departing flights a day on
38   which the general public may fly seven days a week, fifty-two
39   weeks a year. No less than seventy percent of all seats on these
40   aircraft arriving at or departing from an air carrier terminal facility
41   must be on jet aircraft capable of carrying at least one hundred
42   passengers on each flight;


     [707]                             63
 1         (2) at least twenty common carrier departing flights a week
 2   on an annual basis for the purposes of transporting cargo and air
 3   freight; or
 4         (3) irrespective of the number of flights, two or more
 5   specially equipped planes that are:
 6           (i)used for the transportation of specialized cargo; and
 7           (ii) subject to ad valorem property taxation or a fee in lieu
 8   of taxes in this State.
 9      (b) An air carrier is a corporation licensed by the Federal
10   Aviation Administration with a certificate of public convenience
11   and necessity or an operating certificate under other applicable
12   federal law or pertinent regulations which operates aircraft to or
13   from an air carrier hub terminal facility as defined in this section.
14      (c) ‘Board’ means the State Budget and Control Board.
15      (d) ‘Bonds’ mean general obligation bonds of this State.
16      (e) ‘Secretary’ means the Secretary of the Department of
17   Commerce ‘Executive Director’ is defined in Section 55-1-5(9).
18
19      Section 55-11-505. The term ‘air carrier hub terminal facility’
20   includes an economic development project as defined in Section
21   11-41-30(2) that is functionally related to a facility satisfying one
22   of the criteria in Section 55-11-500(a).
23
24      Section 55-11-510. (A) A special purpose district or political
25   subdivision of the State may petition the State for assistance
26   hereunder. Upon receipt of such a petition, the State, from the
27   proceeds of the sale of bonds authorized by Section 55-11-520, is
28   authorized to pay a portion or all of the costs of any insurance
29   required to guarantee the payment of, or any credit enhancement
30   facility utilized in connection with, obligations issued or to be
31   issued by a special purpose district or other political subdivision of
32   this State, for the purposes of acquiring land for and constructing
33   and equipping air carrier hub terminal facilities; except that the
34   amount of fees paid by the State to purchase this insurance or other
35   credit enhancement facility must not exceed one and one-half
36   percent of the principal plus all interest payable on obligations
37   issued by a special purpose district or other political subdivision of
38   this State. The cost of this insurance or other credit enhancement
39   facility may be paid by the State directly to the provider of it, or by
40   way of reimbursement to the special purpose district or political
41   subdivision.
42      (B) In addition, after review by the Joint Bond Review
43   Committee, the board may allocate bond proceeds for the purposes

     [707]                             64
 1   authorized in Section 55-11-520 to match on a dollar-for-dollar
 2   basis, local funds expended for the purposes authorized in Section
 3   55-11-520 by any special purpose district or other political
 4   subdivision of this State. Local funds may include user fees and
 5   other monies made available by the special purpose district or
 6   political subdivision, but may not include federal grants made
 7   available to the special purpose district or other political
 8   subdivision for runway construction.
 9
10      Section 55-11-520. (A) Pursuant to the provisions of subsection
11   6(c), Section 13, Article 10 X of the Constitution of this State, in
12   order to provide funds to pay a portion of the costs of (1) acquiring
13   land, (2) constructing, enlarging, improving, extending,
14   renovating, and equipping suitable air carrier hub terminal
15   facilities to be located in this State, (3) purchasing equipment,
16   ground support equipment, machinery, special tools, maintenance,
17   boarding facilities, and any and all additional necessary real or
18   personal property for the operation of air carrier hub terminal
19   facilities, and (4) if petitioned by a special purpose district or other
20   political subdivision of the State, to pay a portion or all of the costs
21   described in Section 55-11-510, not exceeding fifty million dollars
22   of general obligation bonds of this State, to be outstanding at any
23   time may be issued in the manner provided in this article and by
24   law.
25      (B) A request that bonds be issued pursuant to this article must
26   be accompanied by a binding contract with either an air carrier or
27   the principal user of the air carrier hub terminal facilities to be
28   financed with the issuance of the obligations described in this
29   article, committing the entity to use the air carrier hub terminal
30   facility for a period of five years or the period of time needed to
31   retire any indebtedness incurred to construct the air carrier hub
32   terminal facility, whichever is less. Upon receipt of a certified
33   copy of the executed contract, the secretary executive director shall
34   consider the entity’s financial ability, willingness, and commitment
35   to serve this State and other factors considered relevant by the
36   secretary executive director. If the secretary executive director
37   determines that it is in the best interest of this State for the State to
38   provide or to assist in the providing of suitable air carrier hub
39   terminal facilities, the secretary executive director shall
40   recommend that the board consider approving the issuance of
41   bonds of this State for the purposes authorized in this article and
42   shall forward his written approval and request to the Joint Bond
43   Review Committee and the board. The approval and request must

     [707]                              65
 1   be accompanied by a certificate of the secretary executive director
 2   establishing:
 3         (1) the maximum principal amount of the bonds then
 4   requested to be authorized;
 5         (2) a description of the infrastructure for which the bonds are
 6   to be issued, including a certification from the secretary executive
 7   director that the facility is an air carrier hub terminal facility as
 8   defined in Section 55-11-500(a);
 9         (3) a tentative time schedule for the time during which the
10   sum requested is to be expended; and
11         (4) the then-outstanding principal amount of, and the debt
12   service requirements for, all bonds previously issued pursuant to
13   this section.
14      (C) Following the receipt of the approval and request described
15   in subsection (B), and after approval by the Joint Bond Review
16   Committee, the board may approve the issuance of bonds pursuant
17   to this article. In connection with the approval, the board shall
18   adopt a resolution setting the terms and conditions for the
19   execution, sale, delivery, interest payments, maturities, and
20   redemption of the bonds. For the payment of the principal and
21   interest on all bonds issued and outstanding pursuant to this article,
22   there is pledged the full faith, credit, and taxing power of the State
23   of South Carolina, and in accordance with the provisions of
24   paragraph subsection (4) of, Article X, Section 13, of the South
25   Carolina Constitution, the General Assembly hereby allocates on
26   an annual basis sufficient tax revenues to provide for the punctual
27   payment of the principal and interest on the bonds authorized by
28   this article.
29
30                                 Article 9
31
32                  Florence, Marion, and Dillon Counties
33
34      Section 55-11-610. The territory of the counties of Florence,
35   Marion, and Dillon is constituted an airport district and a political
36   subdivision of this State, the functions of which are public and
37   governmental and the inhabitants of the territory are constituted a
38   body politic and corporate. The corporate name of the airport
39   district is the Pee Dee Regional Airport District, and by that name
40   the airport district may sue and be sued.
41
42     Section 55-11-620. The corporate powers and duties of the Pee
43   Dee Regional Airport District must be exercised and performed by

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 1   an authority to be known as the Pee Dee Regional Airport
 2   Authority which consists of nine members. Two members must be
 3   residents of the City of Florence appointed by the Governor upon
 4   recommendation of the Florence City Council. Three members
 5   must be residents of the County of Florence appointed by the
 6   Governor on the recommendation of the Florence County Council.
 7   Two members must be residents of each of the counties of Marion
 8   and Dillon appointed by the Governor on the recommendation of
 9   the respective county councils. Terms of office are for four years,
10   except that of those initially appointed one member from each of
11   the three counties must be appointed for two-year terms. No
12   member shall serve more than two four-year terms. All members
13   shall serve until their successors are appointed and qualify.
14   Vacancies on the authority must be filled in the manner of their
15   original appointment for the unexpired term. The authority shall
16   elect its own officers with terms and duties as determined by the
17   authority. The members of the authority must be compensated at
18   the per diem rate of fifty dollars a meeting, not to exceed twelve
19   meetings a year until such time as the amount is increased by the
20   councils of the counties.
21
22      Section 55-11-630. (A) The authority shall perform the
23   functions of planning, establishing, developing, constructing,
24   enlarging, improving, maintaining, equipping, operating,
25   regulating, protecting, and policing such airports, air navigation,
26   railroad, and other facilities as are necessary to serve the people of
27   the district and the public generally. The authority may:
28      (1) have and enjoy perpetual succession;
29      (2) adopt, use, and alter a corporate seal;
30      (3) make bylaws for the management and regulation of its
31   affairs, and define a quorum for its meetings, and appoint such
32   subcommittees as it considers appropriate from within and without
33   the authority to advise the authority;
34      (4) plan, establish, develop, construct, enlarge, improve,
35   maintain, including the power to establish a reasonable reserve for
36   maintenance, equip, operate, regulate, protect, and police its
37   airports and air navigation facilities under such reasonable
38   regulations as the authority may promulgate;
39      (5) construct, maintain, and extend runways, terminals,
40   maintenance shops, access roads, parking facilities, utilities
41   systems, concessions, accommodations, and other facilities of
42   whatever nature or kind for the comfort and accommodation of air
43   travelers and air freight; purchase and sell supplies, goods, and

     [707]                             67
 1   commodities as an incident to the operation of its airport facilities;
 2   and for all these purposes, the authority may, by purchase, gift,
 3   devise, lease, eminent domain proceedings, or otherwise, acquire,
 4   hold, develop, and use, as well as lease, mortgage, sell, transfer,
 5   and dispose of any property, real or personal, or any interest in it,
 6   including easements in or over land needed to prevent airport
 7   hazards, or land outside the boundaries of its airports and air
 8   navigation facilities necessary to permit the removal, elimination,
 9   obstruction-marking, or obstruction-lighting of airport hazards, or
10   to prevent the establishment of airport hazards. However, the
11   authority may not dispose of any interest in real property without
12   first notifying the chairman of each of the governing bodies of
13   Florence, Marion, and Dillon counties and conducting a public
14   hearing which hearing must be advertised not less than seven days
15   before the hearing in a newspaper or newspapers of general
16   circulation in the district. For the purpose of this article, utilities
17   systems means only facilities for the connection with and the
18   provision of water or sewer services by the water and sewer
19   systems of the City of Florence, its successors, and assigns;
20      (6) license, lease, sublease, rent, sell, or otherwise provide for
21   the use of any real or personal property of its airport facilities or of
22   facilities auxiliary to it, including the privilege of supplying goods,
23   commodities, things, services, or facilities at the airport by itself or
24   by any qualified persons or corporations, on terms and conditions
25   as its discretion may dictate. The public may not be deprived of its
26   rightful, equal, and uniform use of its airports and air navigation
27   facilities;
28      (7)(a) promulgate regulations pursuant to and in accordance
29   with Section 55-9-240 55-9-250 and Federal Aviation Regulations,
30   Part 77;
31         (b) apply to any court of general jurisdiction within the
32   district for the enforcement of the regulation through the means of
33   mandatory injunctions and other remedial proceedings, and these
34   courts are specifically empowered to render mandatory injunctions
35   and other remedial orders as it appears to them to be just and
36   reasonable;
37      (8) exercise the power of eminent domain for any corporate
38   function through procedure prescribed in Chapter 2 of, Title 28;
39      (9) appoint officers, agents, employees, and servants and
40   prescribe the duties of them, including the right to appoint persons
41   charged with the duty of enforcing the regulations promulgated
42   pursuant to the provisions of this article, fix their compensation,


     [707]                              68
 1   and determine if, and to what extent, they must be bonded for the
 2   faithful performance of their duties;
 3      (10) employ or contract for services of a technical or
 4   professional nature as may be necessary or desirable to the
 5   performance of the duties of the authority;
 6      (11) contract for the construction, erection, maintenance, and
 7   repair of the facilities in its charge, through any procedure
 8   prescribed by law;
 9      (12) acquire, construct, maintain, equip, and operate connecting,
10   switching, terminal, or other railroads. The term ‘railroad’
11   includes, but is not limited to, tracks, spurs, switches, terminal,
12   terminal facilities, road beds, rights-of-way rights of way, bridges,
13   stations, railroad cars, locomotives, or other vehicles constructed
14   for operation over railroad tracks, crossing signs, lights, signals,
15   storage, administration, and repair buildings, and all structures and
16   equipment which are necessary for the operation of a railroad; and
17      (13) develop all of the lands leased by, subleased by, owned by,
18   or under the jurisdiction of the authority.
19
20      Section 55-11-635. (A) For the fiscal year beginning July 1,
21   1998, the governing bodies of Florence, Marion, and Dillon
22   Counties shall fund for the authority and its purposes an amount
23   equal to one dollar per capita for each person in that county.
24   Thereafter the amount shall equal sixty cents per capita.
25      (B) Beginning with the fiscal year beginning July 1, 1999, the
26   appropriation set forth above may be increased by request of the
27   authority upon approval by ordinance of the county councils of the
28   three counties.
29
30     Section 55-11-640. (A) The authority is authorized to adopt and
31   promulgate regulations governing the use of roads, streets, and
32   parking facilities upon the lands leased by, subleased by, owned
33   by, or under the jurisdiction of the authority. All state laws are
34   declared to be applicable to the roads, streets, and parking facilities
35   under the control of the authority.
36     (B) The authority may employ police officers to be
37   commissioned by the Governor who shall enforce all laws and
38   regulations authorized under the provisions of this article and, in
39   addition, shall have authority to issue summonses for violations of
40   them in the manner provided for South Carolina State Highway
41   Patrolmen.
42     (C) Persons violating any of the applicable laws within a
43   magistrate’s jurisdiction or any of the regulations of the authority

     [707]                             69
 1   must be tried by magistrates having jurisdiction of the area in
 2   which the violation occurred.
 3      (D) Any person violating the provisions of any of the
 4   regulations of the authority is guilty of a misdemeanor and, upon
 5   conviction, must be fined not more than two hundred dollars or
 6   imprisoned for not more than thirty days.
 7      (E) All fines and forfeitures collected under the provisions of
 8   this article must be forwarded to the authority to be credited to the
 9   general operating fund of the county where the final disposition of
10   the case is made.
11
12      Section 55-11-650. (A) For the purpose of this article, the
13   authority may:
14         (1) deposit monies derived from the sale of bonds authorized
15   to be issued under the provisions of this article or from
16   revenue-producing facilities in any bank or trust company having
17   an office within the district and to withdraw them for the purpose
18   of operating, maintaining, constructing, improving, and extending
19   any facility in its charge.
20         (2) apply for, accept, receive, receipt for, disburse, and
21   expend federal, state, county, or municipal monies and other
22   monies, public or private, made available by grant or loan, or both,
23   to accomplish, in whole or in part, any of the purposes of this
24   article, and, to this end, to continue to prosecute any application
25   previously filed with the Federal Aviation Agency, or any other
26   federal agency, by the Florence City-County Airport Commission,
27   and to pay from the funds of the district any costs incurred for any
28   services rendered since the date the application was filed in
29   connection with the procuring or processing of the application
30   which is found by the authority to legitimately inure to the benefit
31   of the district. All federal monies accepted under this section must
32   be accepted and expended by the authority upon those terms and
33   conditions prescribed by the United States and consistent with state
34   law. All other monies accepted under this section must be
35   accepted and expended by the authority upon the terms and
36   conditions prescribed by the State or other sources.
37         (3) accept donations of all sorts, including a deed of
38   conveyance by any landowners of the landowner’s right, title, and
39   interest in and to lands within the district, and to accept
40   relinquishments of any leasehold interest or estate now possessed
41   by the City or County of Florence on or in lands or property on
42   airport property.


     [707]                            70
 1      (B) The district may issue negotiable bonds, notes, and other
 2   evidences of indebtedness payable solely from the gross revenues
 3   or net revenues derived from the operation of any
 4   revenue-producing facility, or facilities, in its charge. The sums
 5   borrowed may be those needed to pay the costs of any extension,
 6   addition, or improvement to its airport facility. The proceeds of
 7   the bonds may, in addition, be used to refund any bonds issued
 8   under the provisions of this article, to pay interest during the
 9   estimated construction period of the project being financed, to fund
10   any necessary reserves for the bonds, to purchase any necessary
11   credit enhancement for the bonds, and to pay costs of issuance of
12   the bonds. If the method of financing authorized by this
13   subsection is used, neither the faith and credit of the State of South
14   Carolina, nor of any county lying within the district, nor of the
15   district itself, may be pledged to the payment of the principal and
16   interest of the obligations, and there must be on the face of the
17   obligation a statement, plainly worded, to that effect. Neither the
18   members of the authority nor any person signing the obligations
19   are personally liable on them. In order that a convenient procedure
20   for borrowing money pursuant to this subsection may be
21   prescribed, the authority may use the provisions of Chapter 21,
22   Title 6 and Chapter 17, Title 6. In exercising the powers conferred
23   upon the district by those code provisions, the authority may make
24   all pledges and covenants authorized by the provisions of them and
25   may confer upon the holders of its securities all rights and liens
26   authorized by these code provisions.               Specifically, and
27   notwithstanding contrary provisions in those code provisions, the
28   district may:
29         (1) provide that the bonds, notes, or other evidences of
30   indebtedness are payable, both as to principal and interest, from
31   the gross revenues or net revenues derived from the operation of
32   any revenue-producing facility or facilities, as the gross revenues
33   or net revenues may be defined by the authority, and to impose a
34   lien upon the facilities, the revenues of which are pledged to the
35   payment of the bonds enforceable to the same extent and in the
36   same manner as the statutory lien described in Sections 6-21-330
37   through 6-21-360;
38         (2) provide that the bonds must be issued as serial or term
39   bonds, maturing in equal or unequal amounts, at such times and on
40   occasions as the authority determines. They must bear such rates
41   of interest, payable on such occasion, as the authority prescribes,
42   and the bonds are in such denominations, are payable in such
43   medium of payment, and at such place as the authority prescribes.

     [707]                             71
 1   All bonds may be issued with a provision permitting their
 2   redemption prior to their respective maturities. Bonds made
 3   subject to redemption before their stated maturities may contain a
 4   provision requiring the payment of a premium for the privilege of
 5   exercising the right of redemption, in such amount or amounts as
 6   the authority prescribes. All bonds that are subject to redemption
 7   must contain a statement to that effect on the face of each bond.
 8   The resolution authorizing their issuance must contain provisions
 9   specifying the manner of call and the notice of call that must be
10   given. Notwithstanding anything in this chapter to the contrary,
11   the authority may issue bonds which, in lieu of paying current
12   interest periodically, pay an accreted value at maturity;
13        (3) authorize the officer or officers of the authority to
14   execute the bonds, by manual or facsimile signature, as the
15   authority considers necessary; bonds may be in the form of
16   registered bonds or may be issued in coupon form, payable to
17   bearer, or, in the discretion of the authority, may be issued as fully
18   registered uncertificated book-entry securities;
19        (4) covenant and agree that upon its being adjudged in
20   default as to the payment of any installment of principal and
21   interest upon any obligation issued by it or in default as to the
22   performance of any covenant or undertaking made by it, that in
23   that event the principal of all obligations of the issue may be
24   declared immediately due and payable, notwithstanding that any of
25   them may not have then matured, and that any court having
26   jurisdiction in any proper action may appoint a receiver to
27   administer and operate the facilities whose revenues must be
28   pledged for the payment of the bonds, with power to fix rates and
29   charges for the facilities, sufficient to provide for the payment of
30   the expense of operating and maintaining such facilities, and to
31   apply the income and revenues of the facilities to the payment of
32   the bonds, and the interest on them;
33        (5) confer upon a corporate trustee the power to make
34   disposition of the proceeds from all borrowings and also all
35   revenue-producing facilities whose revenues are pledged for the
36   payment of the obligations, in accordance with and in the order of
37   priority prescribed by resolutions adopted by the authority as an
38   incident to the issuance of any notes, bonds, or other evidences of
39   indebtedness;
40        (6) dispose of its obligations at public or private sale and
41   upon such terms and conditions as it approves;



     [707]                             72
 1        (7) covenant and agree that a reserve fund must be
 2   established to further secure the payment of principal and interest
 3   of any obligation;
 4        (8) covenant and agree that it will not enter into any
 5   agreements with any person, firm, corporation, or with the
 6   government of this State, the United States, or any of the political
 7   subdivisions of the same, for the furnishing of free services where
 8   the services are ordinarily charged for;
 9        (9) prescribe the procedure, if any, by which the terms of the
10   contract with the holders of its obligations may be amended, the
11   number of obligations whose holders must consent to it, and the
12   manner in which the consent must be given;
13        (10) prescribe the evidence of default and conditions upon
14   which all or any obligation becomes or may be declared due before
15   maturity and the terms and conditions upon which the declaration
16   and its consequences may be waived;
17        (11) covenant to establish and maintain such system of rules
18   as will ensure the continuous use and occupancy of the facilities
19   whose revenues are pledged to secure any bonds;
20        (12) covenant that an adequate schedule of charges will be
21   established and maintained for the facilities designated by the
22   authority, whose revenues must be pledged to secure any bonds, to
23   the extent necessary to produce sufficient revenues to:
24           (a) pay the cost of operating and maintaining the facilities,
25   whose revenues or net revenues must be pledged for the payment
26   of the bonds, including the cost of fire, extended coverage, and use
27   and occupancy insurance;
28           (b) pay the principal and interest of the bonds as they
29   respectively become due;
30           (c) create and at all times maintain an adequate debt
31   service reserve fund to meet the payment of the principal and
32   interest; and
33           (d) create and at all times maintain an adequate reserve for
34   contingencies and for major repairs and replacements.
35      (C) The authority, on behalf of the district, may issue general
36   obligation bonds of the district, whose proceeds must be used to
37   defray the cost of constructing and establishing an airport facility
38   within the district. In order that a convenient procedure for
39   borrowing money pursuant to this subsection may be prescribed,
40   the authority may use the provisions of Article 5, Chapter 11, Title
41   6. For the purpose of this section, the term ‘construct and establish’
42   means the cost of direct construction, the cost of all land, property,
43   rights, easements, and franchises acquired (in addition to property

     [707]                             73
 1   conveyed to the district by the City or County of Florence) which
 2   are considered necessary for the construction and use of runways,
 3   terminal buildings, maintenance shops, freight depots, service
 4   establishments, and any and all facilities incident, or in any way
 5   appurtenant, to an airport facility, and all machinery and
 6   equipment needed for it, payments to contractors, laborers, or
 7   others for work done or material furnished, financing charged,
 8   interest incurred in connection with it, interest on the bonds
 9   authorized by this article, cost of engineering services,
10   architectural services, legal services, legal and engineering
11   expenses, plans, specifications, surveys, projections, drawings,
12   brochures, administrative expenses, and such other expenses as
13   may be necessary or incident to the construction of any airport
14   facility within the district incurred for the purposes for which the
15   district is created.
16      (D) The district shall do all other acts and things necessary or
17   convenient to carry out any function or power committed or
18   granted to the district.
19      (E) All bonds issued pursuant to this article and all interest to
20   become due on them have the tax-exempt status prescribed by
21   Section 12-2-50.
22      (F) It is lawful for all executors, administrators, guardians, and
23   fiduciaries, all sinking fund commissions, the State Budget and
24   Control Board, as trustee of the South Carolina Retirement System,
25   and all other governmental entities within the State to invest any
26   monies in their hands in the bonds issued pursuant to this chapter.
27
28      Section 55-11-660. All revenues derived by the authority from
29   the operation of any revenue-producing facility which may not be
30   required to operate, maintain, enlarge, and improve its airport
31   facilities, or to create any necessary reserves for them, or to pay
32   obligations incurred in the issuance of any revenue bonds sold
33   pursuant to the resolution or resolutions adopted by it in
34   connection with the issuance of the bonds may, in the discretion of
35   the authority, either:
36      (1) create surplus revenues to be used for future capital projects
37   of the authority;
38      (2) used to reduce the outstanding bonded indebtedness of the
39   authority; or
40      (3) otherwise be used for purposes permitted by FAA policy
41   and applicable procedures, as they now exist or may hereafter be
42   adopted.
43

     [707]                            74
 1      Section 55-11-670. The rates charged for services furnished by
 2   any revenue-producing facility of the district as constructed,
 3   improved, enlarged, or extended is not subject to supervision or
 4   regulation of any state bureau, commission, board, or other
 5   instrumentality or agency of it.
 6
 7      Section 55-11-680. Property and income of the district is exempt
 8   from all taxes levied by the State, county, or any municipality,
 9   division, subdivision, or agency of them, directly or indirectly.
10
11     Section 55-11-690. For the period the district is indebted to a
12   person on any bonds, notes, or other obligations issued pursuant to
13   the provisions of this article, the powers granted to the district and
14   the authority may not be diminished. The provisions of this article
15   are considered a part of the contract between the district and the
16   holders of the obligations.
17
18      Section 55-11-700. The provisions of this article do not prohibit
19   the operation of any public or private airport located within the
20   district by any other public agency or governmental authority, or
21   by any private agency or person.
22
23      Section 55-11-710. Neither the City of Florence nor the
24   Counties of Florence, Marion, or Dillon are liable in damages for
25   any neglect or mismanagement in the operation and maintenance
26   or otherwise of the airport.
27
28      Section 55-11-720. Nothing in this article may be construed to
29   affect the rights and duties of electric utilities and electrical
30   suppliers under the provisions of Chapter 27 of, Title 58.
31
32     Section 55-11-730. Nothing in this article shall prohibit prohibits
33   annexation by the City of Florence of the property of the district.”
34
35   SECTION 6. Chapter 13, Title 55 of the 1976 Code is amended to
36   read:
37
38                             “CHAPTER 13
39
40               Protection of Airports and Airport Property
41
42     Section 55-13-5. The division shall create a map of each public
43   use airport in the State showing airport property, runways,

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 1   taxiways, runway approach and departure zones, Airport Safety
 2   Zones and Airport Land Use Zones which are extended zones from
 3   each runway in which land use considerations should be made to
 4   prevent incompatible uses with aircraft and airport operations.
 5   These maps should be updated as needed, but at least every five
 6   years.
 7      The division shall provide a copy of these maps to the county
 8   council, city council, the respective planning agencies, and airport
 9   commission, and the agencies responsible for the granting of plat
10   subdivision approval and building permits having jurisdiction over
11   the airport, or having jurisdiction in the vicinity of the airport
12   under aircraft flight profiles arriving and departing the airport.
13      Each governmental body or agency receiving these maps shall
14   ensure notice of any planned development, plat approval, or
15   building permit issued in an Airport Safety Zone or Airport Land
16   Use Zone be provided to the division for review, with consultation
17   and comment before issuance. The division shall have thirty days
18   to comment. However, should no comment be received within
19   thirty days after mailing, the division shall be considered to have
20   approved the permit. If the division provides comments, the
21   governmental body must respond substantively in writing to each
22   comment, separately stated before the issuance of the permit or
23   approval. If the division believes the proposed project may have a
24   substantial impact on aviation safety, create an imminent or
25   foreseeable hazard to aviation safety, or result in a nuisance or an
26   incompatible land use, the division may seek relief, including
27   enjoining the activity or abatement of the condition giving rise to
28   the division’s comments.
29      Airport Safety Zones are those lands and waters on or near a
30   public use airport which include airport property and surrounding
31   adjacent and contiguous properties where aircraft operations,
32   including taxi, takeoff, landing, approach, arrival, and departure
33   would be adversely affected as a result of:
34      (1) an existing condition that interferes with, or has a
35   reasonable potential to interfere with aircraft operations;
36      (2) a condition that poses an increased risk to aviation safety;
37      (3) the persistence of a condition such as an obstruction that
38   would cause aircraft takeoff, landing, or approach criteria to be
39   adversely impacted;
40      (4) the existence of a condition that would constitute a
41   nuisance to aircraft operation; or



     [707]                            76
 1      (5) planned or actual concentration of residential or
 2   commercial structures in close proximity to the flight path of
 3   arriving or departing aircraft.
 4      Airport Land Use Zones are areas where land uses incompatible
 5   with aircraft operations, including, but not limited to, lands
 6   affected by airport noise, Aviation Safety Zones, high density
 7   development near airports, or activities where normal takeoff,
 8   departure, approach, or landing profiles or criteria, are or would be
 9   adversely affected. Land use decisions by county and municipal
10   governments and local agencies shall take into account the
11   presence of Airport Land Use Zones. Land use decisions in
12   Airport Land Use Zones should avoid and minimize the impact to
13   interruption of aircraft operations, aviation safety, including
14   approach, landing, takeoff, and departure criteria established by the
15   Federal Aviation Administration or nationally recognized industry
16   standards.
17
18      Section 55-13-10. The governing body of any county a political
19   subdivision in which there is a United States Air Force base or
20   airfield an airport may make reasonable rules and promulgate
21   regulations as authorized in Section 6-24-710(5) prohibiting,
22   within a reasonable distance from the base or airfield, (a) the
23   erection of any a building, tower or other structure or the allowing
24   of natural growth or other hazard to aircraft, above certain
25   maximum heights, which shall be increased at varying distances
26   from the base or airfield and (b) airport in. Counties, or
27   municipalities may restrict residential or commercial development
28   inside the airport safety zones of a civil airport and prohibit the use
29   of land in a manner which will create electrical could cause
30   interference with radio communication between aircraft and the
31   base airport or landing areas, confuse or impair visibility in the
32   vicinity of the base airport or landing areas, or otherwise endanger
33   the landing, taking-off, or maneuvering of aircraft using the base
34   airport or landing areas. Political subdivisions also may assist with
35   the protection of Department of Defense defined accident potential
36   areas from encroachments in accordance with federal and state
37   regulations.
38
39      Section 55-13-20. The rules and regulations authorized by
40   Section 55-13-10 shall become effective only after a public
41   hearing, notice, and comment of which shall must be published at
42   least once a week for two weeks in a newspaper published and in


     [707]                             77
 1   general circulation in the county affected thereby in accordance
 2   with State law.
 3
 4      Section 55-13-30. After they become effective, it shall be
 5   unlawful for any a person to wilfully or intentionally violate such
 6   these rules and regulations and any a person violating any of them
 7   shall, upon conviction, must be fined not exceeding one hundred
 8   thousand dollars, or imprisoned for not more than thirty days. A
 9   person who violates these rules and regulations may be liable for a
10   civil penalty of one thousand dollars. Each day of the violation
11   shall constitute constitutes a separate offense.
12
13      Section 55-13-40. (1) It shall be is unlawful, without proper
14   authority, for any person to trespass, park, drive or drag race upon
15   airport property.
16      (2) Any A person violating the provisions of this section shall,
17   upon, conviction must be fined not less than two five hundred
18   dollars nor or more than six hundred two thousand dollars or
19   imprisoned for not less than two months nor or more than six
20   months or both in the discretion of the trial judge. In addition to
21   such this penalty, the driver of such a vehicle who that violates the
22   provisions of this section shall, upon conviction, entry of a plea of
23   guilty or forfeiture of bail shall have his driver’s license revoked
24   for a period of one year. Any A person violating the provisions of
25   this section by acquiescing in or permitting the driving of his car
26   shall, upon conviction, must be fined not to exceed more than one
27   hundred thousand dollars or imprisoned for a period not to exceed
28   thirty more than thirty days, or both, in the discretion of the court
29   and, in addition thereto, shall have his driver’s license and the
30   registration of his vehicle suspended for a period of three months.”
31
32   SECTION 7. Chapter 15, Title 55 of the 1976 Code is amended to
33   read:
34
35                             “CHAPTER 15
36
37                          Relocation Assistance
38
39     Section 55-15-10. As used in this chapter:
40     (a) The term ‘person’ means (1) any individual, partnership,
41   corporation or association which is the owner of a business; (2)
42   any owner, part owner, tenant or sharecropper who operates a


     [707]                            78
 1   farm; (3) an individual who is the head of a family; or (4) an
 2   individual not a member of a family.
 3      (b) The term ‘family’ means two or more individuals living
 4   together in the same dwelling unit who are related to each other by
 5   blood, marriage, adoption or legal guardianship.
 6      (c) The term ‘displaced person’ means any person who moves
 7   from real property as a result of the acquisition or reasonable
 8   expectation of acquisition of such real property, which may have
 9   been or is subsequently acquired, in whole or in part, for an airport,
10   or as the result of the acquisition for an airport of other real
11   property on which such person conducts a business or farm
12   operation.
13      (d) The term ‘business’ means any lawful activity conducted
14   primarily (1) for the purchase and resale, manufacture, processing
15   or marketing of products, commodities or any other personal
16   property; (2) for the sale of services to the public; or (3) by a
17   nonprofit organization.
18      (e) The term ‘farm operation’ means any activity conducted
19   solely or primarily for the production of one or more agricultural
20   products or commodities for sale and home use, and customarily
21   producing such products or commodities in sufficient quantity to
22   be capable of contributing materially to the operator’s support.
23      (f) The term ‘public authority’ means the Division of
24   Aeronautics of the Department of Commerce Department of
25   Transportation, a municipality, a county or other political
26   subdivision of this State, separately or jointly, authorized to
27   acquire land, air rights, safety markers, and lights as provided in
28   Chapter 9 of, Title 55.
29
30      Section 55-15-20. (a) Whenever the acquisition of real
31   property for a program or project undertaken by a public authority
32   will result in the displacement of any person, the public authority
33   shall make a payment to any displaced person upon proper
34   application as approved by the public authority for:
35        (1) actual reasonable expenses in moving himself, his
36   family, business, farm operation, or other personal property;
37        (2) actual direct losses of tangible personal property as a
38   result of moving or discontinuing a business or farm operation, but
39   not to exceed an amount equal to the reasonable expenses that
40   would have been required to relocate such property, as determined
41   by the public authority and; ; and
42        (3) actual reasonable expenses in searching for a
43   replacement business or farm.

     [707]                             79
 1         (b) Any displaced person eligible for payments under
 2   subsection (a) of this section who is displaced from a dwelling and
 3   who elects to accept the payments authorized by this subsection in
 4   lieu of the payments authorized by subsection (a) of this section
 5   may receive a moving expense allowance, determined according to
 6   a schedule established by the public authority not to exceed three
 7   hundred dollars; and a dislocation allowance of two hundred
 8   dollars.
 9      (c) Any displaced person eligible for payments under
10   subsection (a) of this section who is displaced from his place of
11   business or from his farm operation and who elects to accept the
12   payment authorized by this subsection in lieu of the payment
13   authorized by subsection (a) of this section, may receive a fixed
14   payment in an amount equal to the average annual net earnings of
15   the business or farm operation, except that such payment shall be
16   not less than two thousand five hundred dollars nor more than ten
17   thousand dollars. In the case of a business no payment shall be
18   made under this subsection unless the public authority is satisfied
19   that the business (1) cannot be relocated without a substantial loss
20   of its existing patronage, and (2) is not a part of a commercial
21   enterprise having at least one other establishment not being
22   acquired by the public authority, which is engaged in the same or
23   similar business. For the purposes of this subsection, the term
24   ‘average annual net earnings’ means one half of any net earnings
25   of the business or farm operation, before Federal, State, and local
26   income taxes, during the two taxable years immediately preceding
27   the taxable year in which such business or farm operation moves
28   from the real property acquired for such project, or during such
29   other period as the public authority determines to be more
30   equitable for establishing such earnings, and includes any
31   compensation paid by the business or farm operation to the owner,
32   his spouse, or his dependents during such period.
33
34      Section 55-15-30. (1) In addition to payments otherwise
35   authorized by this chapter, the public authority shall make an
36   additional payment not in excess of fifteen thousand dollars to any
37   displaced person who is displaced from a dwelling actually owned
38   and occupied by such displaced person for not less than one
39   hundred and eighty days prior to the initiation of negotiations for
40   the acquisition of the property. Such additional payment shall
41   include the following elements:
42        (a) The amount, if any, which when added to the acquisition
43   cost of the dwelling acquired, equals the reasonable cost of a

     [707]                            80
 1   comparable replacement dwelling which is a decent, safe, and
 2   sanitary dwelling adequate to accommodate such displaced person,
 3   reasonably accessible to public services and places of employment
 4   and available on the private market. All determinations required to
 5   carry out this subparagraph shall be made in accordance with
 6   standards established by the public authority.
 7         (b) The amount, if any, which will compensate such
 8   displaced person for any increased interest costs which such person
 9   is required to pay for financing the acquisition of any such
10   comparable replacement dwelling. Such amount shall be paid only
11   if the dwelling acquired was encumbered by a bona fide mortgage
12   which was a valid lien on such dwelling for not less than one
13   hundred and eighty days prior to the initiation of negotiations for
14   the acquisition of such dwelling. Such amount shall be equal to
15   the excess in the aggregate interest and other debt service costs of
16   that amount of the principal of the mortgage on the replacement
17   dwelling which is equal to the unpaid balance of the mortgage on
18   the acquired dwelling, over the remainder term of the mortgage on
19   the acquired dwelling, reduced to discounted present value. The
20   discount rate shall be determined by regulations issued pursuant to
21   Section 55-15-70.
22         (c) Reasonable expenses incurred by such displaced person
23   for evidence of title, recording fees, and other closing costs
24   incident to the purchase of the replacement dwelling, but not
25   including prepaid expenses.
26      (2) The additional payment authorized by this subsection shall
27   be made only to such a displaced person who purchases and
28   occupies a replacement dwelling which is decent, safe and sanitary
29   not later than the end of the one-year period beginning on the date
30   on which he receives final payment of all costs of the acquired
31   dwelling, or on the date on which he moves from the acquired
32   dwelling, whichever is the later date.
33
34      Section 55-15-40. In addition to amounts otherwise authorized
35   by this chapter, the public authority shall make a payment to or for
36   any displaced person from any dwelling not eligible to receive a
37   payment under Section 55-15-30 which dwelling was actually and
38   lawfully occupied by such displaced person for not less than ninety
39   days prior to the initiation of negotiations for acquisition of such
40   dwelling. Such payment shall be either:
41      (1) the amount necessary to enable such displaced person to
42   lease or rent for a period not to exceed four years, a decent, safe
43   and sanitary dwelling of standards adequate to accommodate such

     [707]                            81
 1   person in areas not generally less desirable in regard to public
 2   utilities and public and commercial facilities, and reasonably
 3   accessible to his place of employment, but not to exceed four
 4   thousand dollars,; or
 5      (2) the amount necessary to enable such person to make a
 6   down payment (including incidental expenses described in Section
 7   55-15-30(1)(c) on the purchase of a decent, safe and sanitary
 8   dwelling of standards adequate to accommodate such person in
 9   areas not generally less desirable in regard to public utilities and
10   public and commercial facilities, but not to exceed four thousand
11   dollars, except that if such amount exceeds two thousand dollars,
12   such person must equally match any such amount in excess of two
13   thousand dollars, in making the down payment.
14
15      Section 55-15-50. (a) Whenever the acquisition of real
16   property for a program or project undertaken by the public
17   authority will result in the displacement of any person, the public
18   authority shall provide a relocation assistance advisory program
19   for displaced persons which shall offer the services prescribed
20   herein. If the public authority determines that any person
21   occupying property immediately adjacent to the real property
22   acquired is caused substantial economic injury because of the
23   acquisition, it may offer such person relocation advisory services
24   under such program.
25      (b) Each relocation advisory assistance program required by
26   subsection (a) shall include such measures, facilities or services as
27   may be necessary or appropriate in order to:
28        (1) determine the need, if any, of displaced persons for
29   relocation assistance;
30        (2) provide current and continuing information on the
31   availability, prices and rentals, of comparable decent, safe and
32   sanitary sales and rental housing, and of comparable commercial
33   properties and locations for displaced businesses;
34        (3) assist a displaced person displaced from his business or
35   farm operation in obtaining and becoming established in a suitable
36   replacement location;
37        (4) supply information concerning Federal, State and local
38   housing programs, disaster loan programs, and other Federal, State
39   or local programs offering assistance to displaced persons;
40        (5) provide other advisory services to displaced persons in
41   order to minimize hardships to such persons in adjusting to
42   relocation;


     [707]                            82
 1       (6) secure, to the greatest extent practicable, the coordination
 2   of relocation activities with other project activities and other
 3   planned or proposed governmental actions in the community or
 4   nearby areas which may affect the carrying out of the relocation
 5   program.
 6
 7      Section 55-15-60. Whenever the acquisition of real property for
 8   a program or project undertaken by the public authority will result
 9   in the displacement of any person, the public authority shall assure
10   that, within a reasonable period of time, prior to displacement there
11   will be available, in areas not generally less desirable in regard to
12   public utilities and public and commercial facilities and at rents or
13   prices within the financial means of the families and individuals
14   displaced, decent, safe and sanitary dwellings, equal in number to
15   the number of and available to such displaced persons who require
16   such dwellings and reasonably accessible to their places of
17   employment; except that regulations issued pursuant to Section
18   55-15-70 may prescribe situations when these assurances may be
19   waived.
20
21      Section 55-15-70. (a) The public authority shall adopt such
22   rules and regulations as may be necessary to assure:
23        (1) that the payments and assistance authorized by this
24   chapter shall be administered in a manner which is fair and
25   reasonable, and as uniform as practicable;
26        (2) that a displaced person who makes proper application for
27   a payment authorized for such person by this chapter shall be paid
28   promptly after a move or, in hardship cases, be paid in advance;
29   and
30        (3) that any person aggrieved by a determination as to
31   eligibility for a payment authorized by this chapter, or the amount
32   of a payment may have his application reviewed by the public
33   authority.
34      (b) the public authority may prescribe such other regulations
35   and procedures, consistent with the provisions of this chapter, as it
36   deems necessary or appropriate to carry out this chapter.
37
38     Section 55-15-80. In order to prevent unnecessary expense and
39   duplication of functions, and to promote uniform and effective
40   administration of relocation assistance programs for displaced
41   persons, the public authority may authorize any State agency to
42   enter into contracts with any individual, firm, association or
43   corporation for services in connection with such programs, or may

     [707]                            83
 1   carry out its functions under this chapter through any Federal or
 2   State agency or instrumentality having an established organization
 3   for conducting relocation assistance programs.
 4
 5      Section 55-15-90. Funds appropriated or otherwise available to
 6   the public authority for the acquisition of real property or any
 7   interest therein for a particular program or project shall be
 8   available also for obligation and expenditure to carry out the
 9   provisions of this chapter as applied to that program or project.
10
11      Section 55-15-100. No payment received by a displaced
12   person under this chapter shall be considered as income or
13   resources for the purpose of determining the eligibility or extent of
14   eligibility of any person for assistance under any State law or for
15   the purposes of the State’s personal income tax law, corporation
16   tax law, or other tax laws. Such payments shall not be considered
17   as income or resources of any recipient of public assistance and
18   such payment shall not be deducted from the amount of aid to
19   which the recipient would otherwise be entitled.
20
21      Section 55-15-110. (1) The public authority, upon acquisition
22   of real property under the eminent domain or condemnation laws
23   of this State, shall as soon as practicable after the date of payment
24   of the purchase price or the date of deposit into court of funds to
25   satisfy the award of compensation in a condemnation proceeding
26   to acquire real property, whichever is the earlier, reimburse the
27   owner, to the extent the public authority deems fair and reasonable,
28   for expenses he necessarily incurred for (a) recording fees, transfer
29   taxes and similar expenses incidental to conveying such real
30   property; (b) penalty costs for prepayment for any preexisting
31   recorded mortgage entered into in good faith encumbering such
32   real property; and (c) the pro rata portion of real property taxes
33   paid which are allocable to a period subsequent to the date of
34   vesting title or the effective date of possession of such real
35   property in the taking authority whichever is the earlier.
36      (2) Where a condemnation proceeding is instituted by the
37   public authority under the laws of this State to acquire real
38   property and (a) the final judgment is that the real property cannot
39   be acquired by condemnation or (b) the proceeding is abandoned,
40   the owner of any right, title or interest in such real property shall
41   be paid by the public authority such sum as will, in the opinion of
42   the public authority, reimburse such owner for his reasonable


     [707]                            84
 1   attorney, appraisal and engineering fees, actually incurred because
 2   of the condemnation proceeding.
 3      (3) Where an inverse condemnation proceeding is instituted by
 4   the owner of any right, title or interest in real property, the court,
 5   rendering a judgment for the plaintiff in such proceeding and
 6   awarding compensation for the taking of property, or the public
 7   authority’s attorney effecting a settlement of any such proceeding,
 8   shall determine and award or allow to such plaintiff, as a part of
 9   such judgment or settlement, such sum as will, in the opinion of
10   the court or the public authority’s attorney, reimburse such
11   plaintiff for his reasonable costs, disbursements and expenses,
12   including reasonable attorney, appraisal and engineering fees,
13   actually incurred because of such proceeding.
14      (4) The public authority, in acquiring real property which they
15   have the power to acquire under the eminent domain or
16   condemnation laws of this State shall comply with the following
17   policies:
18         (a) Every reasonable effort shall be made to acquire
19   expeditiously real property by negotiation.
20         (b) Real property shall be appraised before the initiation of
21   negotiations, and the owner or his designated representative shall
22   be given an opportunity to accompany the appraiser during his
23   inspection of the property.
24         (c) Before the initiation of negotiations for real property, an
25   amount shall must be established which it is reasonably believed is
26   just compensation therefor for it and such the amount shall must be
27   offered for the property. In no event shall such the amount be less
28   than the approved appraisal of the fair market value of such
29   property. Any decrease or increase of the fair market value of real
30   property prior to the date of valuation caused by the public
31   improvement for which such property is acquired or by the
32   likelihood that the property would be acquired for such
33   improvement, other than that due to physical deterioration within
34   the reasonable control of the owner, will be disregarded in
35   determining the compensation for the property. The owner of the
36   real property to be acquired shall be provided with a written
37   statement of, and summary of the basis for, the amount established
38   as just compensation. Where appropriate the just compensation for
39   the real property acquired and for damages to remaining real
40   property shall be separately stated.
41         (d) No owner shall be required to surrender possession of
42   real property before the agreed purchase price is paid or deposited
43   with a court having jurisdiction of condemnation of such property,

     [707]                             85
 1   in accordance with applicable law, for the benefit of the owner an
 2   amount not less than the approved appraisal of the fair market
 3   value of such property, or the amount of the award of
 4   compensation in the condemnation proceeding of such property.
 5        (e) The construction or development of a public
 6   improvement shall be so scheduled that, to the greatest extent
 7   practicable, no person lawfully occupying real property shall be
 8   required to move from a dwelling, assuming a replacement
 9   dwelling will be available, or to move his business or farm
10   operation without at least ninety days’ written notice from the date
11   by which such move is required.
12        (f) If an owner or tenant is permitted to occupy the real
13   property acquired on a rental basis for a short term or for a period
14   subject to termination on short notice, the amount of rent required
15   shall not exceed the fair rental value of the property to a short-term
16   occupier.
17        (g) In no event shall the time of condemnation be advanced,
18   on negotiations or condemnation and the deposit of funds in court
19   for the use of the owner be deferred, or any other coercive action
20   be taken to compel an agreement on the price to be paid for the
21   property.
22        (h) If an interest in real property is to be acquired by
23   exercise of the power of eminent domain, formal condemnation
24   proceedings shall be instituted. The public authority shall not
25   intentionally make it necessary for an owner to institute legal
26   proceedings to prove the fact of the taking of his real property.
27        (i) If the acquisition of only part of the property would leave
28   its owner with an uneconomic remnant, an offer to acquire the
29   entire property shall be made.
30      (5)(a) Where any interest in real property is acquired, an equal
31   interest in all buildings, structures, or other improvements located
32   upon the real property so acquired and which is required to be
33   removed from such real property or which is determined to be
34   adversely affected by the use to which such real property will be
35   put shall be acquired.
36        (b) For the purpose of determining the just compensation to
37   be paid for any building, structure or other improvement required
38   to be acquired as above set forth, such building, structure or other
39   improvement shall be deemed to be a part of the real property to be
40   acquired notwithstanding the right or obligation of a tenant, as
41   against the owner of any other interest in the real property, to
42   remove such building, structure or improvement at the expiration
43   of his term, and the fair market value which such building,

     [707]                             86
 1   structure or improvement contributes to the fair market value of
 2   the property to be acquired, or the fair market value of such
 3   building, structure or improvement for removal from the real
 4   property, whichever is the greater, shall must be paid to the tenant
 5   therefor for it.
 6         (c) Payment for such buildings, structures or improvements
 7   as set forth above shall not result in duplication of any payments
 8   otherwise authorized by State law. No such payment shall be
 9   made unless the owner of the land involved disclaims all interest in
10   the improvements of the tenant. In consideration for any such
11   payment, the tenant shall assign, transfer and release all his right,
12   title and interest in and to such improvements. Nothing with
13   regard to the above-mentioned acquisition of buildings, structures
14   or other improvements shall be construed to deprive the tenant of
15   any rights to reject payment and to obtain payment for such
16   property interests in accordance with other laws of this State.
17
18      Section 55-15-120. Nothing in Sections 55-15-10 to 55-15-120
19   shall be construed as creating in any condemnation proceedings
20   brought under the power of eminent domain, any element of value
21   or of damage not in existence immediately prior to June 15, 1973.”
22
23   SECTION 8. Chapter 17, Title 55 of the 1976 Code is amended to
24   read:
25
26                             “CHAPTER 17
27
28                        Regional Airport Districts
29
30     Section 55-17-10. Any An airport district in this State
31   containing an airport, served by air carriers certificated by the
32   United States Civil Aeronautics Board, enplaning on June 15,
33   1977, three hundred thousand or more passengers per year, as
34   reported to and published by the United States Civil Aeronautics
35   Board, is hereby or cargo carriers certificated and reported by the
36   United States Department of Transportation, Federal Aviation
37   Administration may be designated as a regional airport district.
38
39      Section 55-17-20. The governing authority of any regional
40   airport district in this State, which has averaged on June 15, 1977,
41   three hundred thousand or more enplaning passengers per year for
42   the preceding three consecutive calendar years, as reported to and
43   published by the United States Civil Aeronautics Board Federal

     [707]                            87
 1   Aviation Administration, may issue, without an election, general
 2   obligation bonds of the district in an amount as is within the
 3   constitutional debt limit applicable to the district for the purpose of
 4   paying the cost of maintenance, construction, renovation,
 5   extension, enlargement, improvement and acquisition of airports
 6   and suitable air navigation facilities; provided, however, that as a
 7   condition precedent to the issuance of bonds a majority of the
 8   members of each delegation, including members of the House of
 9   Representatives and the Senate whose districts are located either
10   wholly or partially within an airport district, must give their prior
11   written approval. All or any general obligation bonds issued
12   pursuant to this chapter shall conform to the following
13   specifications and be subject to the following procedures:
14      (a) They shall be issued as a single issue or from time to time
15   as several separate issues. They shall be in such denominations,
16   bear such date as the governing authority shall determine and
17   bonds of any issue shall mature in such equal or unequal
18   installments as may be determined by the governing authority.
19   They shall be made payable at such places as the governing
20   authority shall prescribed, shall bear interest at such rates within
21   the limitations of Section 11-9-350 and shall be payable in such
22   manner as the governing authority may determine. The bonds may
23   be issued with the privilege of having them registered as to
24   principal on the books of the governing authority and the principal
25   thus made payable to the registered holder (unless the last
26   registered transfer shall have been to bearer), upon such conditions
27   as the governing authority may prescribe. Any bond issued
28   pursuant to this chapter may be made subject to redemption prior
29   to its stated maturity, on such terms and conditions and with such
30   redemption premium as the governing authority shall prescribe.
31      (b) They shall be sold at not less than par and accrued interest
32   to the date of their respective deliveries at public sale. At least ten
33   days prior to any sale, notice announcing the intention to receive
34   bids for sale of such bonds shall be published in a newspaper of
35   general circulation in the State of South Carolina. In offering the
36   bonds for sale the governing authority shall reserve the right to
37   reject any and all bids and if all bids shall be rejected, the
38   governing authority may negotiate privately for the disposition of
39   such bonds.
40      (c) Such bonds and all interest to become due thereon shall
41   have the tax-exempt status prescribed by Section 12-1-60, Code of
42   Laws of South Carolina, 1976.


     [707]                             88
 1      (d) All general obligation bonds issued pursuant to this chapter
 2   shall be executed in a manner prescribed by the governing
 3   authority. The seal of the district shall be affixed to, impressed or
 4   reproduced upon each of such bonds and each of such bonds shall
 5   be attested by the secretary of the governing authority. The
 6   coupons attached to such bonds shall be authenticated by a
 7   facsimile of the signature of the chairman and the secretary of the
 8   governing authority who shall be in office on the date of the
 9   adoption of the resolution of the governing authority authorizing
10   the bonds.
11      (e) The delivery of any bonds so executed and authenticated
12   shall be valid notwithstanding any changes in officers or seal
13   occurring after such execution and authentication.
14      (f) There shall be irrevocably pledged for the payment of such
15   bonds and interest as they mature the full faith, credit and
16   resources of the district. Until the principal and interest of all
17   bonds issued under this chapter shall be fully paid, there shall be
18   levied on all taxable property in the district an annual ad valorem
19   tax sufficient to pay the principal and interest of all bonds issued
20   under this chapter as such principal and interest become due. The
21   tax shall be annually levied by the Comptroller General of South
22   Carolina and collected by the county treasurer of the county or
23   counties in which the district is located at the same time and in the
24   same manner as county taxes are collected. Each of the county
25   treasurers, if the district comprises more than a single county, shall
26   collect the tax in his county and pay it to the State Treasurer in the
27   manner and within the time heretofore provided by law for the
28   payment of State taxes to the State Treasurer, who shall set them
29   apart in a special fund and apply them solely to the payment of
30   principal and interest of the bonds so long as any such principal or
31   interest remains outstanding. The tax to be levied under the
32   provisions of this item shall not be substantially greater than the
33   amount necessary to pay principal and interest of bonds maturing
34   during the year in which monies produced by such levy will come
35   into the hands of the State Treasurer, as reduced by the anticipated
36   balance of funds actually in the hands of the State Treasurer, on the
37   occasion when it becomes necessary to fix such tax levy, produced
38   by: (1) additional collections from such levies made in prior years;
39   (2) net revenues derived by the governing authority from the
40   operation of its facilities not required to meet costs of operating,
41   maintaining, enlarging, improving and acquiring its facilities.
42   When all principal and interest of outstanding bonds have been
43   paid, the State Treasurer shall transfer any balance remaining in

     [707]                             89
 1   the special fund created under the terms of this item to the general
 2   fund of the governing authority subject to its draft or order for any
 3   legitimate purpose incident to the operation, maintenance or
 4   extension of the district’s airport facilities.
 5      (g) The proceeds derived from the sale of such bonds shall be
 6   deposited with the State Treasurer in a separate and special fund
 7   and shall be subject to transfer, upon warrants or orders of the
 8   governing authority to any bank or trust company having an office
 9   within the district, to be expended by the governing authority for
10   the purpose of meeting any costs incurred in the issuance of the
11   bonds and to meet the cost of maintenance, construction,
12   renovation, extension, enlargement, improvement and acquisition
13   of airport facilities within the district and to no other purposes;
14   provided, however, that any premium received shall be deposited
15   with the State Treasurer and applied by him to the first installment
16   of principal becoming due on the bonds and any accrued interest
17   shall be applied to the first installment of interest becoming due on
18   the bonds. Provided, further, pending such withdrawals, the State
19   Treasurer shall, upon the request of the governing authority, be
20   empowered to invest and reinvest the proceeds derived from the
21   sale of the bonds in direct general obligations of the United States
22   of America or any agency thereof having a maturity of not more
23   than one year from the date as of which such investment shall be
24   made. Income derived from such investments shall be subject to
25   the transfer upon warrants or orders of the governing authority to
26   any bank or trust company having an office within the district to be
27   expended by the governing authority for the purposes of meeting
28   the costs of issuing the bonds and any costs incurred in the
29   maintenance, construction, renovation, extension, enlargement,
30   improvement and acquisition of any airport facility. Neither the
31   purchaser of the bonds nor any subsequent holders thereof shall be
32   responsible for the proper application of the proceeds of sales.
33      (h) The powers and authorizations hereby conferred upon the
34   governing authority shall be in addition to all other powers and
35   authorizations previously vested in it, and may be availed of at a
36   special or regular meeting of the governing authority by resolution
37   to become effective immediately upon its adoption at the meeting
38   at which it is presented. No action other than that prescribed
39   herein need be taken to effect affect the issuance of the bonds nor
40   shall the governing authority be required to obtain the approval of
41   any other public body or agency to any action taken pursuant to the
42   authorization of this chapter. No election is prescribed as a


     [707]                            90
 1   condition precedent to the issuance of any bonds under the
 2   provisions of this chapter.
 3
 4      Section 55-17-30. If the provisions contained in the proviso set
 5   out in the first paragraph of Section 55-17-20 relating to legislative
 6   approval are held to be unconstitutional by a court of competent
 7   jurisdiction all the provisions of this chapter shall be null and
 8   void.”
 9
10   SECTION 9. Section 13-1-20 of the 1976 Code is amended to
11   read:
12
13      “Section 13-1-20. The Department of Commerce shall conduct
14   an adequate statewide program for the stimulation of economic
15   activity to develop the potentialities of the State; manage the
16   business and affairs of the Savannah Valley Development; develop
17   state public airports and an air transportation system that is
18   consistent with the needs and desires of the public; develop the
19   state public railway system for the efficient and economical
20   movement of freight, goods, and other merchandise; and enhance
21   the economic growth and development of the State through
22   strategic planning and coordinating activities.”
23
24   SECTION 10. Section 13-1-30(C) of the 1976 Code, as last
25   amended by Act 11 of 2005, is further amended to read:
26
27     “(C) Notwithstanding any other provision of law, the Secretary
28   of Commerce may appoint a director for each division of the
29   department, except for the Division of Aeronautics who must be
30   appointed by the Governor in accordance with Section 13-1-1080.
31   Except for the Executive Director of the Division of Aeronautics
32   who shall serve at the pleasure of the Aeronautics Commission,
33   each. Each director shall serve at the pleasure of the Secretary of
34   Commerce and shall be responsible to the secretary for the
35   operation of the programs outlined by the secretary.”
36
37   SECTION 11. Section 13-1-1000(1) of the 1976 Code, as last
38   amended by Act 11 of 2005, is further amended to read:
39
40     “(1) ‘Department’ means the Department of Commerce
41   Transportation.”
42


     [707]                             91
 1   SECTION 12. Section 13-1-1010 of the 1976 Code, as added by
 2   Act 11 of 2005, is amended to read:
 3
 4     “Section 13-1-1010. Notwithstanding any other provision of
 5   law, the Aeronautics Commission is hereby created within the
 6   Department of Commerce Transportation to assist the Secretary of
 7   Commerce Transportation in the operation of and to oversee the
 8   Division of Aeronautics and there may be no purchase or sale of
 9   any aeronautics assets without the approval of the commission and
10   the Secretary of Commerce Transportation.”
11
12   SECTION 13. Section 57-1-20 of the 1976 Code, as last
13   amended by Act 206 of 2010, is further amended to read:
14
15      “Section 57-1-20. The Department of Transportation is
16   established as an administrative agency of state government which
17   is comprised of a Division of Intermodal and Freight Programs, a
18   Division of Construction Engineering and Planning, and a Division
19   of Finance and Administration and a Division of Aeronautics.
20   Each division of the Department of Transportation shall have such
21   functions and powers as provided for by law.”
22
23   SECTION 14. Section 57-1-30 of the 1976 Code, as last
24   amended by Act 206 of 2010, is further amended to read:
25
26      “Section 57-1-30. (A) The department shall have as its
27   functions and purposes the systematic planning, construction,
28   maintenance, and the operation of the state highway system and
29   the development of a statewide intermodal and freight system that
30   is consistent with the needs and desires of the public, and foster air
31   commerce by overseeing the safety and development of the State’s
32   public use airports and providing safe, reliable air transportation
33   for state government and business prospects.
34      (B) The department shall coordinate all state and federal
35   programs relating to highways and aviation among all departments,
36   agencies, and other bodies politic and legally constituted agencies
37   of this State and the performance of such other duties and matters
38   as may be delegated to it pursuant to law. The goal of the
39   department is to provide adequate, safe, and efficient
40   transportation services for the movement of people and goods.”
41
42   SECTION 15. Section 57-1-450 of the 1976 Code, as last
43   amended by Act 114 of 2007, is further amended to read:

     [707]                             92
 1
 2      “Section 57-1-450. The secretary shall appoint a director for
 3   each division of the department who shall serve at the pleasure of
 4   the secretary and shall recommend the salary for each director as
 5   allowed by statute or applicable law. However, the director for the
 6   Division of Aeronautics must be appointed by the Governor in
 7   accordance with Section 13-1-1080.”
 8
 9   SECTION 16. Chapter 8, Title 55 of the 1976 Code is repealed.
10
11   SECTION 17. This act takes effect upon approval by the
12   Governor.
13                         ----XX----
14




     [707]                           93

				
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