2017 South Carolina Code of Laws
Title 55 - Aeronautics
CHAPTER 11 - PARTICULAR AIRPORTS
Section 55-11-500. Definitions.

As used in this article:

(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, within five years from the date of issuance of the obligations described in this article, operates 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;

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

(3) irrespective of the number of flights, two or more specially equipped planes that are:

(i) used for the transportation of specialized cargo; and

(ii) subject to ad valorem property taxation or a fee in lieu of taxes in this State.

(b) An "air carrier" is a corporation licensed by the Federal Aviation Administration with a certificate of public convenience and necessity or an operating certificate under other applicable federal law or pertinent regulations which operates aircraft to or from an air carrier hub terminal facility as defined in this section.

(c) "Authority" means the State Fiscal Accountability Authority.

(d) "Bonds" mean general obligation bonds of this State.

(e) "Executive Director" is defined in Section 55-1-5(11).

HISTORY: 1989 Act No. 183, Section 2; 1994 Act No. 497, Part II, Section 99, eff June 29, 1994; 1997 Act No. 155, Part II, Section 57A, eff June 14, 1997 (see Editor's Note below); 2004 Act No. 227, Section 3.A, eff May 11, 2004; 2005 Act No. 33, Section 1, eff April 5, 2005; 2012 Act No. 270, Section 5, eff June 18, 2012.

Code Commissioner's Note

At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), effective July 1, 2015.

Editor's Note

1997 Act No. 155, Part II, Section 57B, provides as follows:

"SECTION 57B. This section takes effect upon approval by the Governor but shall apply to tax years after 1994."

1989 Act No. 183, Section 1, effective June 6, 1989, provides as follows:

"SECTION 1. The General Assembly finds that it would be beneficial to the traveling public and desirable and in the best interest of the economy and well-being of this State to provide incentives to air carriers to induce them to establish air carrier hubs within this State and commits to the Governor the duty and responsibility for attracting air carriers to establish air carrier hubs at air carrier airports within this State. In order to assist in the promotion of air carrier hubs, this act authorizes the issuance of general obligation bonds of this State and the use of the proceeds of these bonds to pay a portion of the costs of acquiring, constructing, improving, equipping, and establishing suitable airport facilities to serve as the sites of air carrier hubs. The General Assembly has determined that the authorizations for these purposes are in the public interest, serve a public purpose, and promote the health, safety, welfare, and conveniences of the people of this State.

"The General Assembly has determined that present air carrier transportation facilities within this State are inadequate to serve as air carrier hub terminal facilities and that in order to accommodate and serve air carrier hubs (1) new construction of air transportation facilities and acquisition of equipment is needed, (2) present air carrier transportation facilities need enlarging, improving, and extending, and (3) fifty million dollars in state matching funds is needed to pay a portion of these costs."

Effect of Amendment

The 1994 amendment, in paragraph (a), added the designator for subparagraph (1) and inserted subparagraph (2).

The 1997 amendment rewrote subsection (a)(2).

The 2004 amendment, in subsection (a), added ", within five years from the date of issuance of the obligations described herein,".

The 2005 amendment, in subsection (a), added paragraph (3) relating to specially equipped planes and made nonsubstantive language changes; in subsection (b), substituted "to or from" for "in common carrier service and serves" following "aircraft"; and added subsection (e).

The 2012 amendment rewrote subsection (e).