South Carolina General Assembly
115th Session, 2003-2004

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Bill 153

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter


May 19, 2004

S. 153

Introduced by Senators Giese, Ritchie, Reese, Short and Rankin

S. Printed 5/19/04--H.

Read the first time April 30, 2003.




Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 59-18-700 of the 1976 Code, as added by Act 400 of 1998, is amended to read:

"Section 59-18-700.    The criteria governing the adoption of All instructional materials shall be revised by the State Board of Education to require that placed on the approved list of instructional materials and textbooks for use in the public schools of this State pursuant to State Board of Education regulations the content of such materials reflect shall contain the substance and level of performance outlined in the grade and subject specific educational academic standards adopted by the state board State Board of Education."

SECTION    2.    Section 59-31-45 of the 1976 Code is repealed.

SECTION    3.    A.     Section 13-1-30(C) of the 1976 Code, as last amended by Act 361 of 1994, is further amended to read:

"(C)    The Secretary of Commerce may appoint a director for each division of the department, except for the Division of Aeronautics who must be appointed by the Governor in accordance with Section 13-1-1080. Each Except for the Executive Director of the Division of Aeronautics who shall serve at the pleasure of the Aeronautics Commission, each director shall serve at the pleasure of the Secretary of Commerce and shall be responsible to the secretary for the operation of the programs outlined by the secretary."

B.     Chapter 1, Title 13 of the 1976 Code is amended by adding:

"Section 13-1-1000. The following terms, when used in this article, have the following meanings unless the context clearly requires otherwise:

(1)    'Department' means the Department of Commerce;

(2)    'Executive Director' means the Executive Director for the Division of Aeronautics;

(3)    'Division' means the Division of Aeronautics; and

(4)    'Commission' means the Aeronautics Commission.

Section 13-1-1010.    The Aeronautics Commission is hereby created within the Department of Commerce to assist the Secretary of Commerce. The Aeronautics Commission shall have complete authority to oversee, govern, manage, and develop policies and procedures within the Division of Aeronautics. The Aeronautics Commission through its Director shall oversee the day-to-day operations of the Division of Aeronautics to best serve its mission to develop aviation in South Carolina. The Aeronautics Commission is charged with the management, preservation, acquisition, disposal, and utilization of all liquid and fixed assets of the South Carolina Department of Commerce's Division of Aeronautics, by whatever source received, for the benefit of the State airport system, subject to the provisions of applicable state and federal law.

Section 13-1-1020.    The congressional districts of this State are constituted and created commission districts of the State, designated by numbers corresponding to the number of the respective congressional districts. The commission shall be composed of one member from each district elected by the delegations of the congressional district and one member appointed by the Governor, upon the advice and consent of the Senate, from the State at large. The elections or appointments, as the case may be, shall take into account race and gender so as to represent, to the greatest extent possible, all segments of the population of the State and shall comply with the provisions of Chapter 13, Title 8. However, consideration of these factors in making an appointment or in an election does not create a cause of action or basis for an employee grievance for a person appointed or elected or for a person who fails to be appointed or elected.

Section 13-1-1030.    (A)    A county that is divided among two or more commission districts, for purposes of electing a commission member, is considered to be in the district which contains the largest number of residents from that county.

(B)    No county within a commission district shall have a resident commission member for more than one consecutive term and in no event shall any two persons from the same county serve as a commission member simultaneously.

Section 13-1-1040.    Legislators residing in the congressional district shall meet upon written call of a majority of the members of the delegation of each district at a time and place to be designated in the call for the purpose of electing a commissioner to represent the district. A majority present, either in person or by written proxy, of the delegation from a given congressional district constitutes a quorum for the purpose of electing a district commissioner. No person may be elected commissioner who fails to receive a majority vote of the members of the delegation.

The delegation must be organized by the election of a chairman and a secretary, and the delegations of each congressional district shall adopt rules they consider proper to govern the election. Any absentee may vote by written proxy. When the election is completed, the chairman and the secretary of the delegation shall immediately transmit the name of the person elected to the Secretary of State who shall issue to the person after he has taken the usual oath of office, a certificate of election as commissioner. The Governor then shall issue a commission to the person, and pending the issuance of the commission the certificate of election is sufficient warrant to the person to perform all of the duties and functions of his office as commissioner. Each commissioner shall serve until his successor is elected and qualified.

Section 13-1-1050.    (A)    Beginning February 15, 2005, commissioners must be elected by the legislative delegation of each congressional district. For the purposes of electing a commission member, a legislator shall vote only in the congressional district in which he resides. All commission members must serve for a term of office of four years that expires on February fifteenth of the appropriate year. Commissioners shall continue to serve until their successors are elected and qualify, provided that a commissioner may only serve until their successors are elected and qualify, and provided that a commissioner may only serve in a hold-over capacity for a period not to exceed six months. Any vacancy occurring in the office of commissioner must be filled by election in the manner provided in this article for the unexpired term only. No person is eligible to serve as a commission member who is not a resident of that district at the time of his appointment, except that the at-large commission member may be appointed from any county in the State regardless of whether another commissioner is serving from that county. Failure by a commission member to maintain residency in the district for which he is elected shall result in the forfeiture of his office. The at-large commission member, upon confirmation by the Senate, shall serve as chairman of the commission.

(B)    The terms of the initial members of the commission appointed from congressional district are as follows:

(1)    commission members appointed to represent congressional district one and two, two years;

(2)    commission members appointed to represent congressional district three and four, three years;

(3)    commission members appointed to represent congressional district five and six, four years.

(C)    The at-large commissioner shall serve at the pleasure of the Governor.

Section 13-1-1060.    Each voting commission member, within thirty days after his election or appointment, and before entering upon the discharge of the duties of his office, shall take, subscribe, and file with the Secretary of State the oath of office prescribed by the Constitution of the State.

Section 13-1-1070.    (A)    The commission may adopt an official seal for use on official documents of the division.

(B)    The commission shall adopt its own rules and procedures and may select additional officers to serve terms designated by the commission.

(C)    Commissioners must be reimbursed for official expenses as provided by law for members of state boards and commissions as established in the annual general appropriation act.

Section 13-1-1080.    The executive director shall be appointed in accordance with the following procedures:

(A)(1)    The commission shall nominate no more than one qualified candidate for the Governor to consider for appointment as executive director. In order to be nominated, a candidate must meet the minimum requirements as provided in Section 13-1-1090.

(2)    If the Governor rejects a person nominated by the commission for the position of executive director, the commission must nominate another candidate for the Governor to consider until such time as the Governor makes an appointment.

(3)    In the case of a vacancy in the position of executive director for any reason, the name of a nominee for the executive director's successor must be submitted by the commission to the Governor.

(B)    The executive director shall serve at the pleasure of the commission and be appointed as provided in Section 13-1-1080.

Section 13-1-1090.    Individuals serving on the commission must meet the following minimum qualifications to be qualified:

(1)    the commission chairman must have experience in the fields of business, general aviation, and airport management;

(2)    all other members of the commission must have a proven record of public and community service, and experience in the fields of business and aviation. Additionally, each member must meet at least two of the following criteria:

(a)    general aviation experience,

(b)    airport or fixed based operator (FBO) management experience;

(c)    aviation service provider experience;

(d)    previous service as a state or regional airport commissioner;

(e)    legal experience, or

(f)    active involvement in a recognized aviation association."

C.     Section 55-1-5(3) of the 1976 Code, as last amended by Act 361 of 1994, is further amended to read:

"(3)    'Director or designee' means the person or persons appointed by the secretary, serving at his will and pleasure as his designee, Governor in accordance with Section 13-1-1080 and serving at the pleasure of the Aeronautics Commission to supervise and carry out the functions and duties of the Division of Aeronautics as provided for by law."

D.     Section 55-5-20(12) of the 1976 Code is amended to read:

"(12)    'Aviation gasoline' means gasoline and aviation jet fuel manufactured exclusively for use in airplanes and sold for such purposes."

E.     Section 55-5-50 of the 1976 Code as last amended by Act 181 of 1993 is further amended to read:

"Section 55-5-50.    The director Aeronautics Commission shall employ a deputy director of aeronautics in accordance with the provision contained in Section 13-1-1050 and 13-1-1080 and such other employees as necessary for the proper transaction of the division's business."

F.     Section 55-5-280 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 55-5-280.    All moneys received from licensing of airports, landing fields or air schools, funds appropriated for aviation grants, the tax on aviation gasoline, and fees for other licenses issued under this chapter shall must be paid into the State Treasury and credited to the fund known as the 'State aviation fund.'"

G.     Section 55-11-500(a) of the 1976 Code, as last amended by Act 155 of 1997, is further amended to read:

"(a)    an 'air carrier hub terminal facility' is an airport terminal facility from which an air carrier certified or licensed by the Federal Aviation Administration shall or will, within five years from the date of issuance of the obligation bonds described in this Section, operate either:

(1)    at least twenty common carrier departing flights a day on which the general public may fly seven days a week, fifty-two weeks a year. No less than seventy percent of all seats on these aircraft arriving at or departing from an air carrier terminal facility must be on jet aircraft capable of carrying at least one hundred passengers on each flight; or

(2)    at least twenty-five common carrier departing flights a week on an annual basis for the purposes of transporting cargo and air freight."

SECTION    4.    This act takes effect upon approval by the Governor.


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