H*3598(Rat #0729, Act #0624 of 1988)  General Bill, By Phillips, J.M. Arthur, 
Bailey, D.N. Holt, Kirsh, J.R. Klapman, H.E. Pearce, I.K. Rudnick, Washington and 
L.S. Whipper
 A Bill to amend Chapter 5 of Title 55, Code of Laws of South Carolina, 1976,
 relating to the State Aeronautical Regulatory Act, by adding Section 55-5-75,
 so as to provide that from information obtained from the Federal Aviation
 Administration, the State Aeronautics Commission quarterly shall furnish the
 respective county auditors of this State with a list of all aircraft
 registered in their county according to the records of the Federal Aviation
 Administration; to repeal Chapter 7 of Title 55 relating to the registration
 of aircraft; to amend Sections 55-8-10, 55-8-40, and 55-8-140, relating to the
 Aircraft Financial Responsibility Act, so as to delete references to the
 registration of aircraft and to provide certain civil and criminal penalties
 for violation of the Aircraft Financial Responsibility Act; to repeal Sections
 55-8-60, 55-8-80, 55-8-120, and 55-8-130 relating to the Aircraft Financial
 Responsibility Act; and to amend Section 38-1-20, relating to the kinds of
 insurance for which an insurance company may be licensed, so as to provide
 that losses, destruction, or damages to aircraft are within the meaning of the
 term "marine insurance".

   01/21/88  House  Introduced and read first time HJ-487
   01/21/88  House  Referred to Committee on Education and Public
                     Works HJ-488
   03/09/88  House  Committee report: Favorable Education and Public
                     Works HJ-1850
   03/10/88  House  Read second time HJ-1917
   03/10/88  House  Unanimous consent for third reading on next
                     legislative day HJ-1919
   03/11/88  House  Read third time and sent to Senate HJ-1931
   03/15/88  Senate Introduced and read first time SJ-17
   03/15/88  Senate Referred to Committee on Transportation SJ-17
   05/18/88  Senate Recalled from Committee on Transportation SJ-3
   05/18/88  Senate Read second time SJ-3
   05/18/88  Senate Ordered to third reading with notice of amendments SJ-3
   05/24/88  Senate Read third time and enrolled SJ-54
   06/01/88         Ratified R 729
   06/02/88         Signed By Governor
   06/02/88         Effective date 06/02/88
   06/02/88         Act No. 624
   06/16/88         Copies available

AN ACT TO AMEND CHAPTER 5 OF TITLE 55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE AERONAUTICAL REGULATORY ACT, BY ADDING SECTION 55-5-75 SO AS TO PROVIDE THAT FROM INFORMATION OBTAINED FROM THE FEDERAL AVIATION ADMINISTRATION, THE STATE AERONAUTICS COMMISSION QUARTERLY SHALL FURNISH THE RESPECTIVE COUNTY AUDITORS OF THIS STATE WITH A LIST OF ALL AIRCRAFT REGISTERED IN THEIR COUNTY ACCORDING TO THE RECORDS OF THE FEDERAL AVIATION ADMINISTRATION; TO REPEAL CHAPTER 7 OF TITLE 55 RELATING TO THE REGISTRATION OF AIRCRAFT; TO AMEND SECTIONS 55-8-10, 55-8-40, AND 55-8-140, RELATING TO THE AIRCRAFT FINANCIAL RESPONSIBILITY ACT, SO AS TO DELETE REFERENCES TO THE REGISTRATION OF AIRCRAFT AND TO PROVIDE CERTAIN CIVIL AND CRIMINAL PENALITIES FOR VIOLATION OF THE AIRCRAFT FINANCIAL RESPONSIBILITY ACT; TO REPEAL SECTIONS 55-8-60, 55-8-80, 55-8-120, AND 55-8-130 RELATING TO THE AIRCRAFT FINANCIAL RESPONSIBILITY ACT; AND TO AMEND SECTION 38-1-20, RELATING TO THE KINDS OF INSURANCE FOR WHICH AN INSURANCE COMPANY MAY BE LICENSED, SO AS TO PROVIDE THAT LOSSES, DESTRUCTION, OR DAMAGES TO AIRCRAFT ARE WITHIN THE MEANING OF THE TERM "MARINE INSURANCE".

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

List of registered aircraft furnished

SECTION 1. Chapter 5 of Title 55 of the 1976 Code is amended by adding:

"Section 55-5-75. From information obtained from the Federal Aviation Administration, the State Aeronautics Commission quarterly shall furnish the respective county auditors of this State with a list of all aircraft registered in their county according to the records of the Federal Aviation Administration."

Section repealed

SECTION 2. Chapter 7 of Title 55 of the 1976 Code is repealed.

Registration definition revised

SECTION 3. Section 55-8-10(i) of the 1976 Code is amended to read:

"(i) 'Registration' means a certificate of registration of aircraft, or of operators thereof, issued by the Federal Aviation Administration."

Certain registration provisions deleted and civil penalty provided

SECTION 4. Section 55-8-40(b) of the 1976 Code is amended to read:

"(b) Within thirty days after the entry of the

order required by subsection (a) of this section the agency, unless there is deposited for the benefit of the owner or operator, or both, as the case may be, security in the sum so determined by

the agency, upon ten days notification shall impose a civil penalty of one thousand dollars a day against the affected owner or operator or both for each day after the ten-day notification period has expired that the provisions of subsection (a) have not been complied with."

Certain registration provisions deleted

SECTION 5. Section 55-8-140 of the 1976 Code is amended to read:

"Section 55-8-140. (a) Any owner or operator or other person who knowingly refuses or fails to make any report of an accident as required in

Section 55-8-30 is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than six months, or both.

(b) Any 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 agency 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.

(c) Any owner or operator who operates any aircraft in this State, or knowingly permits any aircraft owned by him to be operated by another in this State, without meeting the requirements of this chapter, is guilty of a misdemeanor and, upon conviction, must be fined not more than three thousand dollars or imprisoned for not more than twelve months, or both."

Sections repealed

SECTION 6. Sections 55-8-60, 55-8-80, 55-8-120, and 55-8-130 of the 1976 Code are repealed.

Marine insurance definition revised

SECTION 7. Section 38-1-20(28) of the 1976 Code is amended to read:

"(28) 'Marine insurance' means every insurance against loss or destruction of or damage to aircraft, vessels, or watercraft and their cargoes; insurance covering the risks or perils of navigation, transit, or transportation of all forms of property, including the liability of any carrier for hire for the loss of property of shippers delivered for transporting; marine builder's risks; bridges, tunnels, piers, wharves, docks and slips, dry docks, marine railways, and other aids to navigation and transportation, precious stones, precious metals, and jewelry, whether in the course of transportation or otherwise; coverage of

personal property by all risk forms known as the 'Personal Property Floater'; and coverage of mobile machinery and equipment."

Time effective

SECTION 8. This act takes effect upon approval by the Governor.