2007-2008 Bill 771: Allendale County Aeronautics and Development Commission - South Carolina

South Carolina General Assembly 117th Session, 2007-2008

A372, R205, S771

STATUS INFORMATION

General Bill Sponsors: Senator Hutto Document Path: l:\council\bills\dka\3360dw07.doc

Introduced in the Senate on May 16, 2007 Introduced in the House on May 24, 2007 Last Amended on February 21, 2008 Passed by the General Assembly on February 26, 2008 Governor's Action: April 2, 2008, Vetoed Legislative veto action(s): Veto overridden

Summary: Allendale County Aeronautics and Development Commission

HISTORY OF LEGISLATIVE ACTIONS

Date Body Action Description with journal page number 5/16/2007 Senate Introduced, read first time, placed on local & uncontested calendar SJ-8 5/22/2007 Senate Read second time SJ-22 5/23/2007 Senate Amended SJ-70 5/23/2007 Senate Read third time and sent to House SJ-70 5/24/2007 House Introduced and read first time HJ-21 5/24/2007 House Referred to Allendale Delegation HJ-21 2/20/2008 House Delegation report: Favorable with amendment Allendale Delegation HJ-2 2/21/2008 House Amended HJ-14 2/21/2008 House Read second time HJ-15 2/21/2008 House Unanimous consent for third reading on next legislative day HJ-15 2/22/2008 House Read third time and returned to Senate with amendments HJ-1 2/26/2008 Senate Concurred in House amendment and enrolled SJ-18 3/27/2008 Ratified R 205 4/2/2008 Vetoed by Governor 4/9/2008 Senate Veto overridden by originating body Yeas-45 Nays-0 4/15/2008 House Veto overridden Yeas-1 Nays-0 HJ-52 4/23/2008 Copies available 4/23/2008 Effective date 07/01/08 8/6/2008 Act No. 372

VERSIONS OF THIS BILL

5/16/2007 5/16/2007-A 5/23/2007 2/20/2008 2/21/2008 (A372, R205, S771)

AN ACT TO CREATE THE ALLENDALE COUNTY AERONAUTICS AND DEVELOPMENT COMMISSION AND TO PROVIDE FOR THE APPOINTMENT OF MEMBERS, THEIR TERMS, POWERS, DUTIES, AND RESPONSIBILITIES; AND TO REPEAL ACT 721 OF 1962 RELATING TO THE CREATION OF THE ALLENDALE COUNTY DEVELOPMENT BOARD AND ACT 842 OF 1973 RELATING TO THE ALLENDALE COUNTY AERONAUTICS COMMISSION.

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

Commission created

SECTION 1. The Allendale County Aeronautics and Development Commission is created and shall consist of nine members who are residents of the county and who must be appointed by the governing body of the county with at least one member appointed from each election district from which county council members are elected.

SECTION 2. The terms of office of the members must be for four years and until their successors are appointed and qualify. The chairman shall notify the Secretary of State of the names and terms of the members. All vacancies must be filled in the manner of the original appointment for the unexpired portion of the term only.

Meetings

SECTION 3. The commission shall meet as soon as practicable and organize itself by electing one of its members as chairman and one as secretary and treasurer. The commission shall meet at the call of the chairman or a majority of its members. The members of the commission shall select a chairman every two years. Nothing contained in this act shall prohibit the chairman from succeeding himself.

Powers and duties SECTION 4. (A) The commission may acquire by grant, purchase, lease, condemnation, or otherwise real property and rights-of-way for airport and aeronautical purposes and approaches and obstruction rights for airport and aeronautical purposes. The commission may sell, lease, trade, convey, and exchange property and rights to it acquired for those purposes which in its opinion are not needed for the purposes for which they were acquired. The manner of acquiring property by condemnation as authorized in this act may be such as is provided by law for the condemnation of rights-of-way for road purposes by the Department of Transportation. (B) In addition to the powers and duties of the commission as provided for in subsection (A), the commission shall advance the general welfare of all of the people of Allendale County. The commission shall give due consideration to the discovery, conservation, and advertisement of the natural and physical resources of the county. It shall promote and encourage industrial development, commercial enterprises, private business, and the production of agricultural products most suited to the soils and climate of the county. The commission may purchase, own, sell, lease, mortgage, or otherwise deal in real estate for development purposes. It shall give special attention to the advertisement of agricultural products and assist in the discovering of markets and uses and providing facilities for the sale of these products. It shall assist in ensuring stabilization in employment so as to increase the opportunities and employment of the citizens of the county, and to devise ways and means to raise the living standards of all of the people. The commission shall devote special attention to and encourage the coming into Allendale County of visitors and tourists, and shall advertise the natural advantages and attractions of the county, the hospitality, and courtesy of its people so that many may become permanent residents and the people of the county may enjoy their just share of tourist trade. The commission, in accomplishing its overall purpose, shall cooperate with the municipalities and civic organizations in the county and the South Carolina Department of Commerce and make recommendations to the governing body of the county as in its judgment will aid in accomplishing the purposes of this act.

Contractual powers

SECTION 5. The commission may lease to the United States of America or to any agency of it or to a person, firm, or corporation, municipal or private, any of the property and rights acquired by the commission under the provisions of this act or under the provisions of

2 another act, statute, or law. The commission also may enter into agreements with the United States of America or any agency of it or a person, firm, or corporation, municipal or private, relative to the establishment, operation, and maintenance of an airport and aeronautical field in the county. All leases and agreements are valid and binding upon the commission and the county.

Powers cumulative

SECTION 6. The powers and authority extended to the commission under the provisions of this act are cumulative to and in addition to all powers and authorities the commission may have by virtue of the provisions of another act, statute, or law.

Ownership of property

SECTION 7. All property and rights received and acquired by the commission, all conveyances, leases, and agreements made by it and all other acts of the commission under the provisions of this act or of another act, statute, or law must be for and in behalf of and in the name of Allendale County. All deeds, leases, agreements, and all other papers executed by the commission must be executed in the name of Allendale County by the commission, and at least two members of the commission shall subscribe their names in the execution of it.

SECTION 8. All funds received by the commission must be turned over to the treasurer of the county and by him placed in a special fund to be known as the “Airport and Development Fund”.

Intent

SECTION 9. It is the intent of this act that the commission shall act for the county in all matters related to airports, aviation, and development in the county and shall, in addition to the rights, powers, and authorities set out in this act, have all the rights, powers, and authorities extended and given to the counties in this State under the provisions of Chapter 9, Title 55, Code of Laws of South Carolina, 1976, the Uniform Airports Act.

3 Commission may accept gifts and grants of money

SECTION 10. The commission may accept gifts and grants of money from either private or public sources to be used in carrying out its functions.

Repeal

SECTION 11. Act 721 of 1962 and Act 842 of 1973 are repealed effective July 1, 2008.

Time effective

SECTION 12. Upon approval by the Governor, this act takes effect July 1, 2008.

Ratified the 27th day of March, 2008.

Vetoed by the Governor -- 4/2/08. Veto overridden by Senate -- 4/9/08. Veto overridden by House -- 4/15/08.

______