reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 55 - Aeronautics › Chapter 1 - General Provisions › Section 55-1-90. State-owned aircraft used by state agencies; use of aircraft by governmental bodies not part of the state government, hospitals or medical centers.

State-owned aircraft may be used by state agencies, and other governmental bodies or political subdivisions within the state for matters pertinent to, and in the normal course of business for the governmental entities. Use of state aircraft by other governmental bodies or political subdivisions that are not a part of South Carolina State government must be accompanied by a written statement by a legislative sponsor or a sponsor from an agency of the State attesting to the need for one or more flight operations. The written statement must be in a manner acceptable to the division.
Nothing in this section shall prohibit the division from entering into agreements with a public hospital or medical center owned, operated, or supported in whole or in part by state funds for the purpose of transporting personnel or patients, whether on an emergency basis or otherwise, as long as payment is made, including any insurance proceeds, to the State Treasurer. All funds paid for use of state aircraft under this section must be deposited into the general fund and credited to the division. The division may adopt rules and promulgate regulations governing this section.
HISTORY: 1984 Act No. 512, Part II, Section 56; 1993 Act No. 181, Section 1288, eff July 1, 1993; 2012 Act No. 270, Section 1, eff June 18, 2012.
Effect of Amendment
The 1993 amendment substituted "division" for "State Aeronautics Commission".
The 2012 amendment rewrote the section.
2023 South Carolina Code of Laws › Title 55 - Aeronautics › Chapter 3 - State Law For Aeronautics › Section 55-3-10. Short title.

This chapter may be cited as the State Law for Aeronautics.
HISTORY: 1962 Code Section 2-1; 1952 Code Section 2-1; 1942 Code Section 7111; 1932 Code Section 7111; 1929 (36) 220; 2012 Act No. 270, Section 2, eff June 18, 2012.
Effect of Amendment
The 2012 amendment deleted "Uniform" preceding "State Law".
2023 South Carolina Code of Laws › Title 55 - Aeronautics › Chapter 3 - State Law For Aeronautics › Section 55-3-30. Reserved by 2012 Act No. 270, Section 2, eff June 18, 2012.

Editor's Note
Former Section 55-3-30 was entitled "Sovereignty" and was derived from 1962 Code Section 2-3; 1952 Code Section 2-3; 1942 Code Section 7101; 1932 Code Section 7101; 1929 (36) 220.
2023 South Carolina Code of Laws › Title 55 - Aeronautics › Chapter 3 - State Law For Aeronautics › Section 55-3-40. Reserved by 2012 Act No. 270, Section 2, eff June 18, 2012.

Editor's Note
Former Section 55-3-40 was entitled "Ownership" and was derived from 1962 Code Section 2-4; 1952 Code Section 2-4; 1942 Code Section 7102; 1932 Code Section 7102; 1929 (36) 220.
2023 South Carolina Code of Laws › Title 55 - Aeronautics › Chapter 3 - State Law For Aeronautics › Section 55-3-50. Landing an aircraft on property without consent; exceptions; liability.

The landing of an aircraft on the lands or waters of another without his consent is unlawful, except in the case of a cautionary or emergency landing. This section shall not apply to landings on waters of the state or other navigable waters where the waters are normally open to the public or available for public use nor shall this section apply to landing at public use airports, or airports owned or operated by a governmental body or political subdivision. The owner or lessee of the aircraft or the airman is liable in accordance with applicable law for injury to a person or property caused by an emergency or precautionary landing made in accordance with this section.
HISTORY: 1962 Code Section 2-5; 1952 Code Section 2-5; 1942 Code Section 7103; 1932 Code Section 7103; 1929 (36) 220; 2012 Act No. 270, Section 2, eff June 18, 2012.
Effect of Amendment
The 2012 amendment rewrote the section.
2023 South Carolina Code of Laws › Title 55 - Aeronautics › Chapter 3 - State Law For Aeronautics › Section 55-3-60. Liability and lien for damages.

The owner of an aircraft operated over the land or waters of this State is absolutely liable for injury to persons or property on the land or water beneath the aircraft which is caused by ascent, descent or flight of the aircraft or the dropping or falling of an object from an aircraft, whether the owner was negligent or not, unless the injury is caused in whole or in part by the negligence of the person injured or of the owner or bailee of the property injured. If the aircraft is leased at the time of the injury to person or property both owner and lessee is liable and they may be sued jointly or either or both of them may be sued separately. An airman who is not the owner or lessee is liable only for the consequences of his negligence. The injured person or owner or bailee of the injured property shall have a lien next in priority to the lien for State and county taxes on the aircraft causing the injury to the extent of the damage caused by the aircraft or an object falling from it. A chattel mortgagee, conditional vendor or trustee under an equipment trust of an aircraft out of possession shall not be considered an owner or lessee within the provisions of this section. This section shall not apply to damage to airport property that is neither malicious nor intentional, nor shall this section apply to damage to crushable materials, collapsible structures, or aircraft arresting systems that are designed to deform when used.
HISTORY: 1962 Code Section 2-6; 1952 Code Section 2-6; 1942 Code Section 7104; 1932 Code Section 7104; 1929 (36) 220; 1946 (44) 1371; 2012 Act No. 270, Section 2, eff June 18, 2012.
Effect of Amendment
The 2012 amendment in the third sentence, substituted "airman" for "aeronaut"; added the last sentence to the section; and made other, nonsubstantive, changes throughout.
2023 South Carolina Code of Laws › Title 55 - Aeronautics › Chapter 3 - State Law For Aeronautics › Section 55-3-70. Liability for collisions.

Subject to the provisions of Section 55-1-10, the liability of the owner of one aircraft to the owner of another aircraft, or to an airman or passengers on either aircraft, for damage caused by collision on land or in the air must be determined by the rules of law applicable to torts on land.
HISTORY: 1962 Code Section 2-7; 1952 Code Section 2-7; 1942 Code Section 7105; 1932 Code Section 7105; 1929 (36) 220; 2012 Act No. 270, Section 2, eff June 18, 2012.
Effect of Amendment
The 2012 amendment substituted "an airman" for "aeronauts"; and made another nonsubstantive change.
2023 South Carolina Code of Laws › Title 55 - Aeronautics › Chapter 3 - State Law For Aeronautics › Section 55-3-80. Crimes and torts.

All crimes, torts, and other wrongs committed by or against an airman or passenger while in flight over this State is governed by the laws of this State. The question of whether damage occasioned by or to an aircraft while in flight over this State constitutes a tort, crime, or other wrong by or against the owner of the aircraft must be determined by the laws of this State.
HISTORY: 1962 Code Section 2-8; 1952 Code Section 2-8; 1942 Code Section 7106; 1932 Code Section 7106; 1929 (36) 220; 2012 Act No. 270, Section 2, eff June 18, 2012.
Effect of Amendment
The 2012 amendment substituted "airman" for "aeronaut" following "wrongs committed by or against an"; and made nonsubstantive changes throughout the section.
2023 South Carolina Code of Laws › Title 55 - Aeronautics › Chapter 3 - State Law For Aeronautics › Section 55-3-90. Use of navigable waters for landing, docking, and takeoff of seaplanes.

Navigable waterways, which are available for use under the public trust doctrine, may be used for the landing, docking, and takeoff of seaplanes in accordance with this provision. This section does not authorize the use of seaplanes in a manner or location which would violate the property rights of another person.
During the landing, docking, and takeoff of a seaplane, its pilot shall comply with all applicable federal and state laws and aeronautical rules.
Seaplane takeoff, landing, and water operations must be done safely and in a manner which does not endanger other persons, watercraft, and property.
A seaplane shall not land, dock, or take off on a waterway in a manner that would violate applicable laws, ordinances, and rules if done by a motorized watercraft, except that a seaplane is not required to comply with a statewide speed limit for watercraft while landing and taking off, if a higher speed is necessary for safe operation and is not in conflict with any other restrictions applicable to watercraft.
In no event shall the landing, docking, or takeoff of seaplanes be approved if the landing, docking, or takeoff would pose unreasonable risks to public health, safety, or property as determined by the division.
HISTORY: 2012 Act No. 270, Section 2, eff June 18, 2012.
2023 South Carolina Code of Laws › Title 55 - Aeronautics › Chapter 3 - State Law For Aeronautics › Section 55-3-100. Restrictions on the use of waterway by seaplane; criteria.

If the division determines that use of a waterway by a seaplane poses an unreasonable risk to public health, safety, or property, the division or commission may withdraw approval or limit use of the waterway or make the use of the waterway subject to conditions, after following criteria set forth in this section. If considered necessary to protect public health, safety or property, the division may issue an interim order restricting the use of a waterway by a seaplane pending completion of the procedures in this section. In determining if a waterway is suitable for seaplane use, the division shall consider the following criteria:
(1) the safety and general suitability of the waterway for seaplane use;
(2) the impact of seaplane use on the use and enjoyment of the waterway and adjacent properties by other persons;
(3) the availability of suitable alternative waterways for seaplane use;
(4) the public interest in fostering aviation and allowing the use of navigable waterways for aviation and other purposes;
(5) whether competing interests may be balanced by imposing limitations or conditions on use of the waterway by seaplanes; and
(6) any other factor which reasonably would be affected by a decision to allow seaplane use notwithstanding the local ordinance.
HISTORY: 2012 Act No. 270, Section 2, eff June 18, 2012.
2023 South Carolina Code of Laws › Title 55 - Aeronautics › Chapter 3 - State Law For Aeronautics › Section 55-3-110. Hunting from aircraft.

An airman or passenger who, while in flight within this State, shall intentionally kill or attempt to kill any birds or animals is guilty of a misdemeanor and punishable by a fine of not more than two thousand dollars, or by imprisonment for not more than thirty days, or both.
HISTORY: 1962 Code Section 2-11; 1952 Code Section 2-11; 1942 Code Section 7109; 1932 Code Section 7109; 1929 (36) 220; 2012 Act No. 270, Section 2, eff June 18, 2012.
Effect of Amendment
The 2012 amendment substituted "An airman" for "Any aeronaut"; substituted "two thousand" for "one hundred" and made another nonsubstantive change.
2023 South Carolina Code of Laws › Title 55 - Aeronautics › Chapter 3 - State Law For Aeronautics › Section 55-3-120. Construction.

This chapter must be interpreted and construed as to effectuate its general purpose of promoting aviation, aeronautics, aviation safety, and conforming and making consistent this State's laws with federal law, and the laws of other states on the subject of aviation and aeronautics.
HISTORY: 1962 Code Section 2-12; 1952 Code Section 2-12; 1942 Code Section 7110; 1932 Code Section 7110; 1929 (36) 220; 2012 Act No. 270, Section 2, eff June 18, 2012.
Effect of Amendment
The 2012 amendment rewrote the section.
2023 South Carolina Code of Laws › Title 55 - Aeronautics › Chapter 3 - State Law For Aeronautics › Section 55-3-130. Pointing, aiming, or discharge of laser device at aircraft; penalties.

The pointing, aiming, or discharge of a laser device at an aircraft in flight or on the ground while occupied is unlawful. A person who wilfully and maliciously discharges a laser at an aircraft, whether stopped, in motion or in flight, while occupied, is guilty of a misdemeanor punishable by imprisonment for not more than one year or by a fine of two thousand dollars, or both. For a second or subsequent violation of this section a person is guilty of a felony punishable and must be imprisoned for not more than three years, or fined not more than five thousand dollars, or both. This section does not apply to the conduct of laser development activity by or on behalf of the United States Armed Forces.
A person who, with the intent to interfere with the operation of an aircraft, wilfully shines a light or other bright device, of an intensity capable of impairing the operation of an aircraft, at an aircraft, must be punished by a fine not exceeding one thousand dollars, or by imprisonment not exceeding one year, or both.
As used in this section, "laser" means a device that utilizes the natural oscillations of atoms or molecules between energy levels for generating coherent electromagnetic radiation in the ultraviolet, visible, or infrared region of the spectrum, and when discharged exceeds one milliwatt continuous wave.
HISTORY: 2012 Act No. 270, Section 2, eff June 18, 2012.
2023 South Carolina Code of Laws › Title 55 - Aeronautics › Chapter 5 - State Aeronautical Regulatory Act › Section 55-5-10. Short title.

This chapter may be cited as "The State Aeronautical Regulatory Act".
HISTORY: 1962 Code Section 2-77; 1952 Code Section 2-77; 1942 Code Section 7112-25; 1935 (39) 447; 1938 (40) 1835; 1993 Act No. 181, Section 1289, eff July 1, 1993; 2012 Act No. 270, Section 3, eff June 18, 2012.
Effect of Amendment
The 1993 amendment reprinted this section with no apparent change.
The 2012 amendment deleted "Uniform" preceding "State Aeronautical".
2023 South Carolina Code of Laws › Title 55 - Aeronautics › Chapter 5 - State Aeronautical Regulatory Act › Section 55-5-50. Executive director of aeronautics and other employees.

Notwithstanding another provision of law, the division shall employ an executive director of aeronautics in accordance with the provision contained in Section 13-1-1050 and 13-1-1080 and other employees necessary for the proper transaction of the division's business.
HISTORY: 1962 Code Section 2-52; 1952 Code Section 2-52; 1942 Code Section 7112-6; 1935 (39) 447; 1974 (58) 2026; 1993 Act No. 181, Section 1289, eff July 1, 1993; 2005 Act No. 11, Section 1.E, eff upon approval (became law without the Governor's signature on January 13, 2005); 2012 Act No. 270, Section 3, eff June 18, 2012.
Effect of Amendment
The 1993 amendment substituted "director" for "Commission", "deputy director of aeronautics" for "director of aeronautics who is or has been a commercial pilot with instrument rating", and "the division's business" for "its business".
The 2005 amendment rewrote this section.
The 2012 amendment substituted "division" for "Aeronautics Commission"; substituted "an executive" for "a deputy"; and, made other, nonsubstantive, changes.
2023 South Carolina Code of Laws › Title 55 - Aeronautics › Chapter 5 - State Aeronautical Regulatory Act › Section 55-5-60. Reserved by 2012 Act No. 270, Section 3, eff June 18, 2012.

Editor's Note
Former Section 55-5-60 was entitled "Offices; expenses" and was derived from 1962 Code Section 2-54; 1952 Code Section 2-54; 1942 Code Section 7112-7; 1935 (39) 447; 1993 Act No. 181, Section 1289.
2023 South Carolina Code of Laws › Title 55 - Aeronautics › Chapter 5 - State Aeronautical Regulatory Act › Section 55-5-70. Promotion and maintenance of air commerce and aeronautical activities; authority to promulgate regulations.

The division shall promote and foster air commerce within the State and the division shall have an interest in the maintenance and enhancement of the aeronautical activities and facilities within the State. The division shall adopt reasonable rules and promulgate regulations as it may deem necessary and advisable, in conjunction with Federal Aviation Administration regulations, for the public safety and for the promotion of aeronautics governing the designing, laying out, location, building, equipping, operation and use of all airports.
HISTORY: 1962 Code Section 2-55; 1952 Code Section 2-55; 1942 Code Section 7112-8; 1935 (39) 447; 1993 Act No. 181, Section 1289, eff July 1, 1993; 2012 Act No. 270, Section 3, eff June 18, 2012.
Effect of Amendment
The 1993 amendment substituted "division" for "Commission".
The 2012 amendment rewrote the section.
2023 South Carolina Code of Laws › Title 55 - Aeronautics › Chapter 5 - State Aeronautical Regulatory Act › Section 55-5-71. Written approval by division of restricted use airport; considerations.

It is unlawful for a restricted use airport, or other air navigation facility within three nautical miles of a public use facility to be used or operated without the written approval of the division. This approval must be based upon consideration of aviation safety, including a location that would constitute a collision or air traffic hazard or conflict with flight operations in the vicinity of a public use airport.
HISTORY: 2012 Act No. 270, Section 3, eff June 18, 2012.
2023 South Carolina Code of Laws › Title 55 - Aeronautics › Chapter 5 - State Aeronautical Regulatory Act › Section 55-5-72. Written approval by division of plans for construction of or additions to public airport; exceptions.

Except as provided in this section, no airport open for public use shall be constructed in this State unless the master plan study, or airport layout plan, or the construction plans and specifications for such airport or landing strip have been approved in writing by the division. No additions shall be made to any existing airport or landing strip open for public use unless the master plan study or the construction plans and specifications for an airport or landing strip have been approved in writing by the division. This provision shall not apply to airports owned by private entities, or an airport which does not receive State funds.
HISTORY: 2012 Act No. 270, Section 3, eff June 18, 2012.
Effect of Amendment
The 1993 amendment substituted "division" for "South Carolina Aeronautics Commission".
The 2012 amendment rewrote this section.
2023 South Carolina Code of Laws › Title 55 - Aeronautics › Chapter 5 - State Aeronautical Regulatory Act › Section 55-5-73. Approved and filed plan required for obtaining airport construction funding.

No state airport construction funding or funding from the State Aviation Fund shall be provided to an airport unless it has an airport layout plan and construction plan approved by, and on file with the division at the time the request for funding is made.
HISTORY: 2012 Act No. 270, Section 3, eff June 18, 2012.
Editor's Note
2021 Act No. 86, Section 3, provides as follows:
"SECTION 3. Revenues collected pursuant to this act and credited to the State Aviation Fund shall be used, in part, to aid counties within the State that do not have an airport facility in obtaining or developing an airport facility through the South Carolina Aeronautics Commission."
Effect of Amendment
The 1993 amendment substituted "division" for "Commission".
The 2012 amendment rewrote this section.
2023 South Carolina Code of Laws › Title 55 - Aeronautics › Chapter 5 - State Aeronautical Regulatory Act › Section 55-5-90. Reserved by 2012 Act No. 270, Section 3, eff June 18, 2012.

Editor's Note
Former Section 55-5-90 was entitled "Aircraft must be licensed by United States; exceptions; waiver" and was derived from 1962 Code Section 2-57; 1952 Code Section 2-57; 1942 Code Section 7112-1; 1935 (39) 447; 1993 Act No. 181, Section 1289.
2023 South Carolina Code of Laws › Title 55 - Aeronautics › Chapter 5 - State Aeronautical Regulatory Act › Section 55-5-100. Reserved by 2012 Act No. 270, Section 3, eff June 18, 2012.

Editor's Note
Former Section 55-5-100 was entitled "Pilots must be licensed by United States; exceptions" and was derived from 1962 Code Section 2-58; 1952 Code Section 2-58; 1942 Code Section 7112-2; 1935 (39) 447; 1993 Act No. 181, Section 1289.
2023 South Carolina Code of Laws › Title 55 - Aeronautics › Chapter 5 - State Aeronautical Regulatory Act › Section 55-5-110. Burden of proof in criminal prosecution of proper license.

In any criminal prosecution under any of the provisions of this chapter a defendant who relies for his justification upon a license of any kind shall have the burden of proving that he is properly licensed or is the possessor of a proper license, as the case may be, and the fact of nonissuance of such license may be evidenced by a certificate signed by the official having power of issuance, or his deputy, under seal of office, stating that he has made diligent search in the records of his office and that from the records it appears that no such license was issued up to the date of the making of such certificate.
HISTORY: 1962 Code Section 2-59; 1952 Code Section 2-59; 1942 Code Section 7112-3; 1935 (39) 447; 1993 Act No. 181, Section 1289, eff July 1, 1993; 2012 Act No. 270, Section 3, eff June 18, 2012.
Effect of Amendment
The 1993 amendment substituted "division" for "Commission".
The 2012 amendment rewrote the section.
2023 South Carolina Code of Laws › Title 55 - Aeronautics › Chapter 5 - State Aeronautical Regulatory Act › Section 55-5-120. Reserved by 2012 Act No. 270, Section 3, eff June 18, 2012.

Editor's Note
Former Section 55-5-120 was entitled "Division to approve airports, air schools, or other aviation facility" and was derived from 1962 Code Section 2-60; 1952 Code Section 2-60; 1942 Code Section 7112-10; 1935 (39) 447; 1993 Act No. 181, Section 1289.
2023 South Carolina Code of Laws › Title 55 - Aeronautics › Chapter 5 - State Aeronautical Regulatory Act › Section 55-5-130. Reserved by 2012 Act No. 270, Section 3, eff June 18, 2012.

Editor's Note
Former Section 55-5-130 was entitled "Provisions inapplicable to government airports and other aviation facilities" and was derived from 1962 Code Section 2-60.1; 1952 Code Section 2-60.1; 1942 Code Section 7112-10; 1935 (39) 447; 1993 Act No. 181, Section 1289.
2023 South Carolina Code of Laws › Title 55 - Aeronautics › Chapter 5 - State Aeronautical Regulatory Act › Section 55-5-150. Closing an airport or runway for imminent danger to aircrafts; mediation to resolve disputes.

(A) The division may close, order closure, or approve closure of an airport, airport runway, or any portion of one only when a condition exists on the airport property that constitutes an imminent and substantial endangerment to aircraft operations and aviation safety, and the condition remains unabated after notice to the airport owner and operator, and a reasonable opportunity has expired to correct any deficiencies determined by the division. The division may promulgate regulations to administer this section.
(B) If the division disagrees with a decision of an airport sponsor or governmental body to close a public use airport or any part of one, both the division and the airport sponsor or governmental body shall engage in mediation or another form of alternative dispute resolution mutually agreed upon in an attempt to resolve their differences. In addition, the division may require that the airport sponsor develop a proposed closure plan that contains:
(1) a certification that all grant conditions imposed by federal or state funding have been complied with, and that all grant funds have been repaid to the appropriate agency;
(2) a statement for the reason for the closure;
(3) an economic analysis of the impact of the closure on the community;
(4) a plan and schedule for the use of or development of a replacement facility acceptable to the division; and
(5) other information required by the division.
HISTORY: 2012 Act No. 270, Section 3, eff June 18, 2012.
Effect of Amendment
The 1993 amendment substituted "division" for "Commission" and "Commission or any commissioner or officer designated by the Commission" and "officer of the division" for "Commission and every officer of the Commission".
The 2012 amendment rewrote the section.
2023 South Carolina Code of Laws › Title 55 - Aeronautics › Chapter 5 - State Aeronautical Regulatory Act › Section 55-5-160. Testimony obtained during investigations; employees not required to testify.

Except as otherwise provided in this chapter, in order to facilitate the making of investigations by the division, in the interest of the public safety and the promotion of aeronautics, the public interest requires and it is therefore provided that the reports of investigations or hearings, or any part thereof or any testimony given thereat, shall not be admitted in evidence or used for any purpose in any suit, action or proceeding growing out of any matter referred to in said investigation, hearing or report thereof, except in case of criminal or other proceedings instituted by or in behalf of the division under the provisions of this chapter; nor shall any employee of the division be required to testify to any facts ascertained in, or information gained by reason of, his official capacity and, further, no employee of the division shall be required to testify as an expert witness in any suit, action or proceeding involving any aircraft.
HISTORY: 1962 Code Section 2-63; 1952 Code Section 2-63; 1942 Code Section 7112-12; 1935 (39) 447; 1993 Act No. 181, Section 1289, eff July 1, 1993; 2012 Act No. 270, Section 3, eff June 18, 2012.
Effect of Amendment
The 1993 amendment substituted "division" for "Commission", and deleted a reference to "commissioner".
The 2012 amendment inserted "Except as otherwise provided in this chapter,".
2023 South Carolina Code of Laws › Title 55 - Aeronautics › Chapter 5 - State Aeronautical Regulatory Act › Section 55-5-180. Public inspection of rules and regulations; annual reports.

The division shall keep on file with the Secretary of State and at the principal office of the division for public inspection a copy of all its rules and regulations. On or before December thirty-first, in each year, the division shall make to the Governor a full report of its proceedings for the year ending December first in each year and may submit with such report such recommendations pertaining to its affairs as seem to it to be desirable.
HISTORY: 1962 Code Section 2-65; 1952 Code Section 2-65; 1942 Code Section 7112-13; 1935 (39) 447; 1993 Act No. 181, Section 1289, eff July 1, 1993; 2012 Act No. 270, Section 3, eff June 18, 2012.
Effect of Amendment
The 1993 amendment substituted "division" for "Commission".
The 2012 amendment made no apparent changes.
2023 South Carolina Code of Laws › Title 55 - Aeronautics › Chapter 5 - State Aeronautical Regulatory Act › Section 55-5-190. Enforcement of chapter; public departments to cooperate.

The division, its members and employees and every county and municipal officer charged with the enforcement of state and municipal laws shall enforce and assist in the enforcement of this chapter. The division also may in the name of the State enforce the provisions of this chapter by injunction in the circuit courts of this State. Other departments and political subdivisions of the State may also cooperate with the division in the development of aeronautics and aeronautic facilities within the State.
HISTORY: 1962 Code Section 2-66; 1952 Code Section 2-66; 1942 Code Section 7112-14; 1935 (39) 447; 1993 Act No. 181, Section 1289, eff July 1, 1993; 2012 Act No. 270, Section 3, eff June 18, 2012.
Effect of Amendment
The 1993 amendment substituted "Division of Aeronautics of the Department of Commerce" for "Commission".
The 2012 amendment substituted "division" for "Division of Aeronautics of the Department of Commerce".
2023 South Carolina Code of Laws › Title 55 - Aeronautics › Chapter 5 - State Aeronautical Regulatory Act › Section 55-5-210. Reasons for certain orders to be stated.

In any case in which the division issues an order pursuant to applicable law, including the South Carolina Administrative Procedures Act, Section 1-23-10, et seq., rules and regulations or policy and procedures as documented for public review, the division shall set forth findings of fact and conclusions of law, separately stated and its reasons and shall state the requirements to be met before such approval is given or the order is modified or changed.
HISTORY: 1962 Code Section 2-68; 1952 Code Section 2-68; 1942 Code Section 7112-15; 1935 (39) 447; 1993 Act No. 181, Section 1289, eff July 1, 1993; 2012 Act No. 270, Section 3, eff June 18, 2012.
Effect of Amendment
The 1993 amendment substituted "division" for "Commission".
The 2012 amendment rewrote the section.
2023 South Carolina Code of Laws › Title 55 - Aeronautics › Chapter 5 - State Aeronautical Regulatory Act › Section 55-5-220. Service of orders.

Any order made by the division pursuant to this title shall be served upon the interested person by registered mail or in person before such order shall become effective.
HISTORY: 1962 Code Section 2-69; 1952 Code Section 2-69; 1942 Code Section 7112-15; 1935 (39) 447; 1993 Act No. 181, Section 1289, eff July 1, 1993; 2012 Act No. 270, Section 3, eff June 18, 2012.
Effect of Amendment
The 1993 amendment substituted "division" for "Commission".
The 2012 amendment substituted "title" for "chapter".
2023 South Carolina Code of Laws › Title 55 - Aeronautics › Chapter 5 - State Aeronautical Regulatory Act › Section 55-5-230. Appeal from orders.

A person against whom an order is entered may appeal within thirty days after the service to the Administrative Law Court as provided in Sections 1-23-380 and 1-23-600(D) for the purpose of having the reasonableness or lawfulness of the order inquired into and determined.
HISTORY: 1962 Code Section 2-70; 1952 Code Section 2-70; 1942 Code Section 7112-16; 1935 (39) 447; 1993 Act No. 181, Section 1289, eff July 1, 1993; 2006 Act No. 387, Section 33, eff July 1, 2006; 2012 Act No. 270, Section 3, eff June 18, 2012.
Editor's Note
2006 Act No. 387, Section 53, provides as follows:
"This act is intended to provide a uniform procedure for contested cases and appeals from administrative agencies and to the extent that a provision of this act conflicts with an existing statute or regulation, the provisions of this act are controlling."
2006 Act No. 387, Section 57, provides as follows:
"This act takes effect on July 1, 2006, and applies to any actions pending on or after the effective date of the act. No pending or vested right, civil action, special proceeding, or appeal of a final administrative decision exists under the former law as of the effective date of this act, except for appeals of Department of Health and Environmental Control Ocean and Coastal Resource Management and Environmental Quality Control permits that are before the Administrative Law Court on the effective date of this act and petitions for judicial review that are pending before the circuit court. For those actions only, the department shall hear appeals from the administrative law judges and the circuit court shall hear pending petitions for judicial review in accordance with the former law. Thereafter, any appeal of those actions shall proceed as provided in this act for review. For all other actions pending on the effective date of this act, the action proceeds as provided in this act for review."
Effect of Amendment
The 1993 amendment reprinted this section with no apparent change.
The 2006 amendment substituted "thirty" for "ten" and "Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D)" for "circuit court of the county in which the property affected by the order is located"; and made nonsubstantive changes throughout.
The 2012 amendment substituted "1-23-380" for "1-23-380(B)".
2023 South Carolina Code of Laws › Title 55 - Aeronautics › Chapter 5 - State Aeronautical Regulatory Act › Section 55-5-240. Procedure on appeal.

The person taking the appeal shall file the notice of appeal in the office of the clerk with the Administrative Law Court and serve a copy on the director or his designee and all other parties of record. Upon appellate review, the administrative law judge shall enter an order either affirming or setting aside the order of the court; or may remand the matter to the court for further hearing. The filing of the notice of appeal operates as a supersedeas.
HISTORY: 1962 Code Section 2-71; 1952 Code Section 2-71; 1942 Code Section 7112-17; 1935 (39) 447; 1993 Act No. 181, Section 1289, eff July 1, 1993; 2006 Act No. 387, Section 34, eff July 1, 2006; 2012 Act No. 270, Section 3, eff June 18, 2012.
Editor's Note
2006 Act No. 387, Section 53, provides as follows:
"This act is intended to provide a uniform procedure for contested cases and appeals from administrative agencies and to the extent that a provision of this act conflicts with an existing statute or regulation, the provisions of this act are controlling."
2006 Act No. 387, Section 57, provides as follows:
"This act takes effect on July 1, 2006, and applies to any actions pending on or after the effective date of the act. No pending or vested right, civil action, special proceeding, or appeal of a final administrative decision exists under the former law as of the effective date of this act, except for appeals of Department of Health and Environmental Control Ocean and Coastal Resource Management and Environmental Quality Control permits that are before the Administrative Law Court on the effective date of this act and petitions for judicial review that are pending before the circuit court. For those actions only, the department shall hear appeals from the administrative law judges and the circuit court shall hear pending petitions for judicial review in accordance with the former law. Thereafter, any appeal of those actions shall proceed as provided in this act for review. For all other actions pending on the effective date of this act, the action proceeds as provided in this act for review."
Effect of Amendment
The 1993 amendment substituted "director or his designee" for "secretary of the Commission" and "division" for "Commission".
The 2006 amendment rewrote this section to provide for appeals to the Administrative Law Court.
The 2012 amendment made no apparent changes.
2023 South Carolina Code of Laws › Title 55 - Aeronautics › Chapter 5 - State Aeronautical Regulatory Act › Section 55-5-250. Reserved by 2012 Act No. 270, Section 3, eff June 18, 2012.

Editor's Note
Former Section 55-5-250 was entitled "Rights waived if no appeal taken" and was derived from 1962 Code Section 2-72; 1952 Code Section 2-72; 1942 Code Section 7112-18; 1935 (39) 447; 1993 Act No. 181, Section 1289; 2006 Act No. 387, Section 35.
2023 South Carolina Code of Laws › Title 55 - Aeronautics › Chapter 5 - State Aeronautical Regulatory Act › Section 55-5-260. Penalties.

(A) A person failing to comply with the requirements of this chapter or the rules and regulations of this chapter is subject to a civil penalty of two thousand dollars per violation.
(B) A person who wilfully or intentionally violates a provision of this chapter or the rules and regulations for the enforcement of this chapter made by the division is guilty of a misdemeanor and is punishable by a fine of not more than two thousand dollars, or by imprisonment for not more than thirty days, or both.
(C) An owner or operator who knowingly makes a false statement or representation of a material fact in a report to or written instrument filed with the division is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than one thousand dollars, or imprisoned for not more than ninety days, or both.
HISTORY: 1962 Code Section 2-73; 1952 Code Section 2-73; 1942 Code Section 7112-19; 1935 (39) 447; 1993 Act No. 181, Section 1289, eff July 1, 1993; 2012 Act No. 270, Section 3, eff June 18, 2012.
Effect of Amendment
The 1993 amendment substituted "division" for "Commission".
The 2012 amendment rewrote the section.
2023 South Carolina Code of Laws › Title 55 - Aeronautics › Chapter 5 - State Aeronautical Regulatory Act › Section 55-5-270. Application and exceptions.

The terms and provisions of this chapter shall apply to all civil aircraft that are not required to have an airworthiness certificate issued by the Federal Aviation Administration or its foreign counterpart unless the aircraft is engaged in private flight operations substantially similar to those conducted by civil aircraft.
HISTORY: 1962 Code Section 2-74; 1952 Code Section 2-74; 1942 Code Section 7112-24; 1935 (39) 447; 1938 (40) 1835; 1993 Act No. 181, Section 1289, eff July 1, 1993; 2012 Act No. 270, Section 3, eff June 18, 2012.
Effect of Amendment
The 1993 amendment reprinted this section with no apparent change.
The 2012 amendment rewrote the section.
2023 South Carolina Code of Laws › Title 55 - Aeronautics › Chapter 5 - State Aeronautical Regulatory Act › Section 55-5-290. Reserved by 2012 Act No. 270, Section 3, eff June 18, 2012.

Editor's Note
Former Section 55-5-290 was entitled "Use of receipts to defray expenses" and was derived from 1962 Code Section 2-76; 1952 Code Section 2-76; 1942 Code Section 7112-21; 1935 (39) 447; 1993 Act No. 181, Section 1289.
2023 South Carolina Code of Laws › Title 55 - Aeronautics › Chapter 9 - South Carolina Airports Act › Section 55-9-10. Short title.

This chapter may be cited as the "South Carolina Airports Act".
HISTORY: 1962 Code Section 2-101; 1952 Code Section 2-101; 1942 Code Section 7112-42; 1937 (40) 466; 1993 Act No. 181, Section 1293, eff July 1, 1993; 2012 Act No. 270, Section 4, eff June 18, 2012.
Effect of Amendment
The 1993 amendment reprinted this section with no apparent change.
The 2012 amendment substituted "South Carolina" for "Uniform".
2023 South Carolina Code of Laws › Title 55 - Aeronautics › Chapter 9 - South Carolina Airports Act › Section 55-9-20. Intent and construction of chapter.

It is the intent and purpose of this chapter that all provisions herein relating to the issuance of bonds and levying of taxes for airport purposes and condemnation for airports and airport facilities shall be construed in accordance with the general provisions of the law of this State governing the right and procedure of counties and municipalities to condemn property, issue bonds and levy taxes.
HISTORY: 1962 Code Section 2-120; 1952 Code Section 2-120; 1942 Code Section 7112-40; 1947 (40) 466; 1993 Act No. 181, Section 1293, eff July 1, 1993; 2012 Act No. 270, Section 4, eff June 18, 2012.
Effect of Amendment
The 1993 amendment reprinted this section with no apparent change.
The 2012 amendment inserted "counties and" preceding "municipalities to condemn".
2023 South Carolina Code of Laws › Title 55 - Aeronautics › Chapter 9 - South Carolina Airports Act › Section 55-9-30. Establishment of airports.

The division and the municipalities, counties, airport commissions, special purpose districts, and other political subdivisions of this State may, separately or jointly, acquire, establish, construct, expand, own, lease, control, equip, improve, maintain, operate, regulate and police airports for the use of aircraft, either within or without the geographical limits of such municipalities, counties and other political subdivisions and may use for such purpose or purposes any available property owned or controlled by the division or such municipalities, counties or other political subdivisions; but no county shall exercise the authority hereby conferred outside of its geographical limits except in an adjoining county and this only jointly with such adjoining county.
HISTORY: 1962 Code Section 2-102; 1952 Code Section 2-102; 1942 Code Section 7112-31; 1937 (40) 466; 1993 Act No. 181, Section 1293, eff July 1, 1993; 2012 Act No. 270, Section 4, eff June 18, 2012.
Effect of Amendment
The 1993 amendment substituted "division" for "South Carolina Aeronautics Commission" and "division" for "Commission".
The 2012 amendment inserted ", airport commissions, special purpose districts," following "The division and the municipalities, counties" and deleted "and landing fields" following "regulate and police airports".
2023 South Carolina Code of Laws › Title 55 - Aeronautics › Chapter 9 - South Carolina Airports Act › Section 55-9-40. Land use for aviation deemed a governmental purpose.

Any lands acquired, owned, leased, controlled or occupied by the division or such counties, municipalities or other political subdivisions for the purpose or purposes enumerated in Section 55-9-30 shall and are hereby declared to be acquired, owned, leased, controlled or occupied for public, governmental and municipal purposes.
HISTORY: 1962 Code Section 2-103; 1952 Code Section 2-103; 1942 Code Section 7112-32; 1937 (40) 466; 1993 Act No. 181, Section 1293, eff July 1, 1993; 2012 Act No. 270, Section 4, eff June 18, 2012.
Effect of Amendment
The 1993 amendment substituted "division" for "Commission".
The 2012 amendment made no apparent changes.
2023 South Carolina Code of Laws › Title 55 - Aeronautics › Chapter 9 - South Carolina Airports Act › Section 55-9-50. Acquisition of land by counties.

The governing bodies of the several counties of this State may acquire land by gift, purchase, or condemnation for the purpose of building, constructing and maintaining airports. The provisions of Sections 55-9-70 to 55-9-180 shall not apply to land that may be acquired under the provisions of this section.
HISTORY: 1962 Code Section 2-103.1; 1952 Code Section 2-103.1; 1945 (44) 43; 1993 Act No. 181, Section 1293, eff July 1, 1993; 2012 Act No. 270, Section 4, eff June 18, 2012.
Editor's Note
Sections 55-9-100 through 55-9-180, referred to in this section, were repealed by 1987 Act No. 173, Section 55.
Effect of Amendment
The 1993 amendment reprinted this section with no apparent change.
The 2012 amendment deleted "landing strips and" preceding "airports".
2023 South Carolina Code of Laws › Title 55 - Aeronautics › Chapter 9 - South Carolina Airports Act › Section 55-9-70. Acquisition of property by condemnation.

Private property needed by the division or a county, municipality or other political subdivision for an airport, or for the expansion of an airport may be acquired by grant, purchase, lease or other means, if such political subdivision or the division, as the case may be, is able to agree with the owner of the property on the terms of the acquisition and otherwise by condemnation in the manner provided by the law under which such political subdivision or the division is authorized to acquire real property for public purposes. The provisions of this section shall apply to property needed by the Adjutant General of South Carolina.
HISTORY: 1962 Code Section 2-104; 1952 Code Section 2-104; 1942 Code Section 7112-33; 1937 (40) 466; 1942 (42) 1465, 1499; 1957 (50) 295; 1993 Act No. 181, Section 1293, eff July 1, 1993; 2012 Act No. 270, Section 4, eff June 18, 2012.
Effect of Amendment
The 1993 amendment substituted "division" for "Commission".
The 2012 amendment deleted "or landing field" following "airport" throughout the section; deleted "and Inspector" following "Adjutant"; and, made other, nonsubstantive, changes.
2023 South Carolina Code of Laws › Title 55 - Aeronautics › Chapter 9 - South Carolina Airports Act › Section 55-9-80. Air rights over private property.

When necessary in order to provide unobstructed airspace for the landing and taking off of aircraft utilizing airports acquired or maintained under the provisions of this chapter, the division and the counties, municipalities, and other subdivisions, including duly constituted airport commissions and special purpose districts of this State may acquire air rights, including aviation easements, over private property necessary to ensure safe approaches to the landing areas of the airports, and for the purpose of establishing and protecting airports and runways. These air rights may be acquired by grant, purchase, lease, or condemnation pursuant to the provisions of the Eminent Domain Procedure Act (Chapter 2, Title 28).
HISTORY: 1962 Code Section 2-105; 1952 Code Section 2-105; 1942 Code Section 7112-37; 1937 (40) 466; 1987 Act No. 173 Section 35; 1993 Act No. 181, Section 1293, eff July 1, 1993; 2012 Act No. 270, Section 4, eff June 18, 2012.
Effect of Amendment
The 1993 amendment substituted "division" for "Commission".
The 2012 amendment rewrote this section.
2023 South Carolina Code of Laws › Title 55 - Aeronautics › Chapter 9 - South Carolina Airports Act › Section 55-9-90. Safety markers and lights.

The division and such counties, municipalities and other political subdivisions of this State may acquire the right or easement for a term of years, or perpetually, to place and maintain suitable markers for the daytime and to place, operate and maintain suitable lights for the nighttime marking of buildings or other structures or obstructions, for the safe operation of aircraft utilizing airports acquired or maintained under the provisions of this chapter. Such rights or easements may be acquired by grant, purchase, lease, or condemnation in the same manner as is provided in this chapter for the acquisition of the airport itself or the expansion of it.
HISTORY: 1962 Code Section 2-106; 1952 Code Section 2-106; 1942 Code Section 7112-38; 1937 (40) 466; 1993 Act No. 181, Section 1293, eff July 1, 1993; 2012 Act No. 270, Section 4, eff June 18, 2012.
Effect of Amendment
The 1993 amendment substituted "division" for "Commission".
The 2012 amendment deleted "and landing fields" following "aircraft utilizing airports"; deleted "or landing field" following "acquisition of the airport"; and made a nonsubstantive change.
2023 South Carolina Code of Laws › Title 55 - Aeronautics › Chapter 9 - South Carolina Airports Act › Section 55-9-190. Airports and landing fields, powers.

The division, counties, municipalities, and other political subdivisions of this State which have established airports which acquire, lease or set apart real property for these purposes may:
(1) construct, equip, improve, maintain and operate airports or vest authority for the construction, equipment, improvement, maintenance and operation of it in an officer, board or body of the political subdivision, the expense of the construction, equipment, improvement, maintenance and operation to be a responsibility of such political subdivision;
(2) adopt regulations and establish charges, fees and tolls for the use of such airports fix penalties for the violation of such regulations and establish liens to enforce payment of such charges, fees and tolls; and
(3) lease these airports to private parties for operation or lease to private parties for operation space, area, improvements and equipment on such airports provided in each case that in so doing the public is not deprived of its rightful, equal, and uniform use of it.
HISTORY: 1962 Code Section 2-116; 1952 Code Section 2-116; 1942 Code Section 7112-35; 1937 (40) 466; 1993 Act No. 181, Section 1293, eff July 1, 1993; 2010 Act No. 288, Section 1, eff June 29, 2010; 2012 Act No. 270, Section 4, eff June 18, 2012.
Effect of Amendment
The 1993 amendment substituted "division" for "Commission".
The 2010 amendment twice deleted "not exceeding twenty-five years" following "term" in subsection (3).
The 2012 amendment deleted "or landing fields" following "airports" throughout the section; substituted "these airports" for "for a term such airports or landing fields" at the beginning of subsection (3); and, made other, nonsubstantive, changes.