(A) Pursuant to the provisions of subsection 6(c), Section 13, Article X of the Constitution of this State, in order to provide funds to pay a portion of the costs of (1) acquiring land, (2) constructing, enlarging, improving, extending, renovating, and equipping suitable air carrier hub terminal facilities to be located in this State, (3) purchasing equipment, ground support equipment, machinery, special tools, maintenance, boarding facilities, and any and all additional necessary real or personal property for the operation of air carrier hub terminal facilities, and (4) if petitioned by a special purpose district or other political subdivision of the State, to pay a portion or all of the costs described in § 55-11-510, not exceeding fifty million dollars of general obligation bonds of this State, to be outstanding at any time may be issued in the manner provided in this article and by law.

(B) A request that bonds be issued pursuant to this article must be accompanied by a binding contract with either an air carrier or the principal user of the air carrier hub terminal facilities to be financed with the issuance of the obligations described in this article, committing the entity to use the air carrier hub terminal facility for a period of five years or the period of time needed to retire any indebtedness incurred to construct the air carrier hub terminal facility, whichever is less. Upon receipt of a certified copy of the executed contract, the executive director shall consider the entity’s financial ability, willingness, and commitment to serve this State and other factors considered relevant by the executive director. If the executive director determines that it is in the best interest of this State for the State to provide or to assist in the providing of suitable air carrier hub terminal facilities, the executive director shall recommend that the State Fiscal Accountability Authority consider approving the issuance of bonds of this State for the purposes authorized in this article and shall forward his written approval and request to the Joint Bond Review Committee and the State Fiscal Accountability Authority. The approval and request must be accompanied by a certificate of the executive director establishing:

Terms Used In South Carolina Code 55-11-520

  • 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. See South Carolina Code 55-11-500
  • air carrier hub terminal facility: is a n 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. See South Carolina Code 55-11-500
  • Authority: means the State Fiscal Accountability Authority. See South Carolina Code 55-11-500
  • Contract: A legal written agreement that becomes binding when signed.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Personal property: All property that is not real property.

(1) the maximum principal amount of the bonds then requested to be authorized;

(2) a description of the infrastructure for which the bonds are to be issued, including a certification from the executive director that the facility is an air carrier hub terminal facility as defined in § 55-11-500(a);

(3) a tentative time schedule for the time during which the sum requested is to be expended; and

(4) the then-outstanding principal amount of, and the debt service requirements for, all bonds previously issued pursuant to this section.

(C) Following the receipt of the approval and request described in subsection (B), and after approval by the Joint Bond Review Committee, the State Fiscal Accountability Authority may approve the issuance of bonds pursuant to this article. In connection with the approval, the State Fiscal Accountability Authority shall adopt a resolution setting the terms and conditions for the execution, sale, delivery, interest payments, maturities, and redemption of the bonds. For the payment of the principal and interest on all bonds issued and outstanding pursuant to this article, there is pledged the full faith, credit, and taxing power of the State of South Carolina, and in accordance with the provisions of subsection (4), Section 13, Article X, of the South Carolina Constitution, the General Assembly hereby allocates on an annual basis sufficient tax revenues to provide for the punctual payment of the principal and interest on the bonds authorized by this article.

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