| Printed Page 2440, Apr. 18 | Printed Page 2460, Apr. 18 |

I came in after the roll call and was present for the Session on Tuesday, April 18.

Denny W. Neilson         Curtis B. Inabinett
John W. Tucker, Jr.      Alma W. Byrd
Michael F. Jaskwhich     Larry L. Elliott
Timothy C. Wilkes        Bessie Moody-Lawrence
Eugene C. Stoddard       Joseph T. McElveen, Jr.
B. Hicks Harwell         Terry E. Haskins
Douglas Jennings, Jr.    Molly M. Spearman
Bradley D. Cain          C. Alex Harvin, III

The SPEAKER granted Rep. COBB-HUNTER a leave of absence for the day to attend a conference in Chatilly, Virginia, sponsored by the Milbank Foundation.

The SPEAKER granted Rep. FELDER a leave of absence due to the illness of his mother.

The SPEAKER granted Rep. TRIPP a leave of absence for the day.

The following Joint Resolution was taken up, read the second time, and ordered to a third reading:

H. 4044 -- Reps. Kinon, Jennings and Harwell: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 1995, AND ENDING JUNE 30, 1996.

Rep. STILLE moved to adjourn debate upon the following Bill, which was adopted.

H. 4089 -- Reps. Stille, Townsend, Carnell and McAbee: A BILL TO AMEND ACT 902 OF 1964, AS AMENDED, RELATING TO THE CREATION OF THE ABBEVILLE COUNTY HISTORIC PRESERVATION COMMISSION, SO AS TO INCREASE THE MEMBERS OF THE COMMISSION FROM SEVEN TO ELEVEN.

Rep. CATO moved to adjourn debate upon the following Bill, which was adopted.

H. 3578 -- Reps. Wilkins, McMahand, Tripp, Haskins, Walker, Littlejohn, Allison, Rice, Easterday, D. Smith, Davenport, Jaskwhich, Herdklotz, Wells, Lanford, Cato and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 5-3-15 AND 55-11-185 SO AS TO PROVIDE THAT THE REAL PROPERTY OWNED BY AN AIRPORT DISTRICT COMPRISED OF MORE THAN ONE COUNTY MAY NOT BE ANNEXED BY A MUNICIPALITY WITHOUT PRIOR WRITTEN APPROVAL OF THE GOVERNING BODY OF THE DISTRICT, AND PROVIDE THAT THE REAL PROPERTY OWNED BY THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT MAY NOT BE ANNEXED BY A MUNICIPALITY WITHOUT PRIOR WRITTEN APPROVAL OF THE GREENVILLE-SPARTANBURG AIRPORT COMMISSION.

The following Bills were taken up, read the third time, and ordered sent to the Senate.

H. 3504 -- Reps. Delleney, Felder, Mason, Martin, Harrison, Elliott, Seithel, Hodges, Witherspoon, Jaskwhich, Limbaugh, Cain, Vaughn, Herdklotz, Fair, Rice, McCraw, Huff, Quinn, Haskins, Wilkins, Sheheen, Phillips, Wells and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-112 SO AS TO PROVIDE THAT IN DETERMINING INDIGENCY FOR THE PURPOSE OF APPOINTING LEGAL COUNSEL FOR A CHILD IN A DELINQUENCY PROCEEDING, THE COURT MUST DETERMINE THE PARENTS' ABILITY TO RETAIN COUNSEL FOR THE CHILD AND TO REQUIRE THE PARENTS TO REIMBURSE THE INDIGENT DEFENSE FUND IF COUNSEL IS APPOINTED FOR THE CHILD.

H. 3535 -- Reps. Delleney, Martin, Baxley, Knotts, Littlejohn, A. Young, Harrison, Wright, Sheheen, J. Harris and Thomas: A BILL TO AMEND SECTION 20-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFER OF JUVENILE JURISDICTION, SO AS TO REQUIRE THE FAMILY COURT TO TRANSFER JURISDICTION OF A CHILD FOURTEEN YEARS OF AGE OR OLDER IF THE CHILD HAS BEEN CHARGED WITH AN OFFENSE THAT, IF COMMITTED BY AN ADULT, WOULD PROVIDE FOR A TERM OF IMPRISONMENT FOR TEN YEARS OR MORE AND THE CHILD HAS TWO PRIOR ADJUDICATIONS FOR OFFENSES CARRYING THE SAME SENTENCE.

The following Bill was taken up.

H. 3604 -- Reps. Wilkins, McMahand, Herdklotz, Haskins, Littlejohn, Wells, Rice, Jaskwhich, D. Smith, Tripp, Walker, Davenport, Fair, Allison, Lanford and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 55-11-220 SO AS TO CREATE AN AIRPORT ENVIRONS AREA WITHIN THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT AND PROVIDE THAT AN AIRPORT ENVIRONS AUTHORITY IS CREATED AND CONFERRED CERTAIN POWERS TO ENSURE COMPATIBLE LAND

Reps. WILKINS, CATO, ALLISON, WELLS and HERDKLOTZ proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PT\1922DW.95), which was adopted.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. (A) The General Assembly finds that airport hazards threaten the lives and property of users of the Greenville-Spartanburg Airport and of occupants of land in its vicinity; if of the obstruction type, these hazards reduce the size of the area available for the taking off, maneuvering, or landing of aircraft, thus tending to destroy or impair the utility of the airport and the public investment in it. It is further found that other hazards may arise from certain activities and uses of land in the immediate vicinity of the Greenville-Spartanburg Airport that are not compatible with normal airport operations, and may, if not regulated, endanger the lives of passengers and persons on the ground, adversely affect their health, or otherwise limit the accomplishment of normal activities. It is further found that because the areas impacted by these airport hazards are within different political jurisdictions, a coordinated, community-wide approach is required to protect the public interest. Accordingly, it is declared that:

(1) for the purposes of this section, an airport hazard is any structure, tree, or use of land which obstructs the airspace required for the flight of aircraft in taking off, maneuvering, or landing of aircraft, or which involves certain activities and uses of land in the immediate vicinity of airports, which are not compatible with normal airport operations, and may, if not regulated, adversely affect the health of residents in the vicinity;

(2) the creation or establishment of an airport hazard and the incompatible use of land in the Greenville-Spartanburg Airport vicinities are public nuisances and injure the community served by the Greenville-Spartanburg Airport;

(3) it is therefore necessary in the interest of public health, public safety, and general welfare that the creation or establishment of airport

(4) this should be accomplished, to the extent legally possible, by the exercise of local police powers and existing administrative and regulatory procedures, without additional compensation, on a coordinated, community-wide basis.

(B) It is further declared that limiting and regulating land uses incompatible with normal airport operations as presently existing and as may be planned, preventing the creation or establishment of airport hazards, and eliminating, removing, altering, mitigating, or marking and lighting of existing airport hazards are public purposes.

SECTION 2. The 1976 Code is amended by adding:

"Section 55-11-230. (A) An area designated as the airport environs area is created within the district for purposes of assuring land uses compatible with airport operations. The airport environs area consists of all property contained within the rectangular area described as follows:
All property situate within 32,200 feet East Southeast of the centerpoint of the existing airport runway (being 7,600 feet in length), and 36,658 feet West Northwest of the centerpoint of the existing airport runway, and 5,280 feet Northeast of the centerpoint of the existing airport runway, and 9,580 feet Southwest of the centerpoint of the existing airport runway.

Within the boundaries of the airport environs area described above, there is created a sub-area in which only commercial, industrial, and/or agricultural land uses is appropriate (the `commercial, industrial, agricultural zone'). The commercial, industrial, agricultural zone consists of all property contained within the roughly rectangular sub-area described as follows:
The long sides of the roughly rectangular area shall be parallel with the centerline of the existing runway (being 7,600 feet in length) and offset 2,500 feet to the Northwest and 6,800 feet to the Southwest, perpendicular to the runway centerline. The ends of the roughly rectangular area follow Rocky Creek on the Southwestern side which is approximately 19,800 feet Southwest of the runway centerpoint, and on the Northeastern side US-29N to its intersection with Gap Creek Road and then following Gap Creek Road which is approximately 24,800 feet Northeast of the runway centerpoint.

(B)(1) There is created the Greenville-Spartanburg Airport Environs Land Commission (the `commission'), consisting of nine voting members and two nonvoting members as follows:

(b) two voting members representing and appointed by Spartanburg County;

(c) one voting member representing and appointed by Duncan;

(d) one voting member representing and appointed by Lyman;

(e) two voting members representing and appointed by Greenville County;

(f) one voting member representing and appointed by the City of Mauldin;

(g) all voting members must be appointed or reappointed annually by the appointing county or municipality. If these members are elected members of the county or municipality governing body, each representative shall serve ex officio and with full vote; and

(h) two nonvoting members must be appointed or reappointed annually by the Greenville-Spartanburg Airport District.

(2) If any new municipality is created where its boundaries are wholly or partially within the airport environs area, or if any existing municipality extends its corporate boundaries into the airport environs area, that municipality becomes a member of the commission with one voting representative appointed as described in subitem (g) of item (1) of this subsection.

(3) The commission is charged with the responsibility of:

(a) developing a coordinated comprehensive land use plan in a manner consistent with the process referred to in the South Carolina Local Government Comprehensive Planning Enabling Act of 1994 for the airport environs area, contained in Article 3, Chapter 29, Title 6;

(b) updating the land use plan to reflect changes in the airport environs area and the uses of the airport; and

(c) monitoring the administration of, and compliance with, the plan by the affected counties and municipalities. The commission's actions are to assure that land use within the airport environs area is compatible with noise, health, safety, and welfare considerations arising from the operation of the district. The initial meeting of the commission must be held within forty-five days of the effective date of this section.

(4) By December 1, 1995, the commission shall develop a uniform zoning ordinance and uniform building performance standards ordinance for the airport environs area, submit them for review to the governing body of each political subdivision represented on the commission, conduct public hearings pursuant to Article 3, Chapter 29, Title 6, on the proposed

(5) The commission shall organize itself, electing one of its voting members as chairman and one of its voting members as vice chairman, whose terms must be for one year. It shall appoint a secretary, who must be a nonvoting member. The secretary shall give notice of all meetings to all members of the commission at least three business days prior to the meeting.

(6) The commission shall provide for the keeping of minutes of its proceedings which must be a public record. A majority of the members of the commission constitutes a quorum. A quorum must be present before any business is conducted, other than the rescheduling of the meeting. A member must be present to vote. All decisions must be by majority vote of the voting members present and voting. The commission, as it considers appropriate, may utilize committees and subcommittees. The general administrative expenses of the commission must be borne by the Greenville-Spartanburg Airport District. A budget for these expenses

(7) The commission is subject to the provisions of Freedom of Information Act as contained in Chapter 4, Title 30.

(8) The commission shall work with the Greenville and Spartanburg County Planning Commissions and the planning commission of each affected municipality in the performance of its duties as outlined in item (4) of this subsection. The costs of the services of consultants and advisors, other than provided for in the budget, rendered to the commission at the request of a specific member must be borne by that member.

(9) In developing the uniform ordinances, the commission shall specifically address, among other items, the following specific issues:

(a) the providing of record notice to property owners of the fact that their property is within the airport environs area;

(b) density criteria for the airport environs area;

(c) sound abatement permit and building criteria;

(d) incompatible use criteria and definition for the commercial, industrial, agricultural zone, and the remaining property within the airport environs area;

(e) height restriction criteria;

(f) lighting hazard criteria within the airport environs area;

(g) applicable FAA and state regulations for airport activities and operations;

(h) obtaining aviation easements;

(i) application and review processes for building permits;

(j) the providing of ongoing notice to the commission and each of its members of pending zoning or permitting requests and other actions in the affected counties and municipalities to assure that each member has notice and the opportunity to be heard with respect to such actions;

(k) enforcement and penalty provisions, including injunctive relief;

(l) the utilization of fees to be imposed to defray costs for services and attendant expenses involved in the administration of the regulations;

(m) the development of uniform standards for regulating nonconforming uses; and

(n) the development of an appropriate legal description of the boundaries of the airport environs area and the commercial, industrial, and agricultural zone described in subsection (A) of this section for use in the administration of the uniform ordinance.

(11) In connection with the administration of the uniform ordinances by any member political subdivision, the commission as a whole or any of its member bodies individually or collectively, including the district, have standing to appear and support or oppose the proposed action of the particular political subdivision involved and have the same standing to appeal this action as the affected political subdivision or the affected landowner would have under Article 5, Chapter 29, Title 6.

(12) A use which exists on the date of adoption by any member political subdivision of the uniform ordinances required by this section and which is inconsistent with the provisions of these ordinances is exempt from the provisions of these ordinances, and any regulation created by these ordinances may not require the removal or alteration of any structure that, as it exists when the uniform ordinances are adopted, did not conform to that regulation."

SECTION 3. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Rep. CATO explained the amendment.

The amendment was then adopted.

Amend the amendment, as and if amended, Page 9, by striking item (6) of subsection (B) and inserting:

/(6) The commission shall provide for the keeping of minutes of its proceedings which shall be a public record. A majority of the voting members of the commission shall constitute a quorum. A quorum shall be present before any business is conducted, other than the rescheduling of the meeting. A member must be present to vote. All decisions shall be by majority vote of the voting members present and voting. The commission, as it considers appropriate, may utilize committees and subcommittees. The general administrative expenses of the commission shall be borne by the Greenville-Spartanburg Airport District. A budget for such expenses shall be developed by the commission. A budget for such expenses shall be developed by the commission to include anticipated costs for consultants./

Renumber sections to conform.

Amend title to conform.

Rep. VAUGHN explained the amendment.

The amendment was then adopted.

Rep. VAUGHN proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\BBM\10173DW.95), which was adopted.

Amend the amendment, as and if amended, Page 13, by adding a new item to read:

/(13) All costs, fees, or awards, or any combination of these, arising from or as a result of any action of the Greenville-Spartanburg Airport Environs Commission must be borne equally by the governing bodies of Greenville and Spartanburg Counties./

Amend title to conform.

Rep. VAUGHN explained the amendment.

The amendment was then adopted.

Reps. WILKINS, CATO, ALLISON, WELLS and HERDKLOTZ proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\PT\1936DW.95), which was adopted.

Amend the amendment, as and if amended, Page 12, Line 13, by inserting after (11) /(a)/.

Amend further, Page 12, by inserting immediately following line 21:

| Printed Page 2440, Apr. 18 | Printed Page 2460, Apr. 18 |