South Carolina General Assembly
122nd Session, 2017-2018

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Bill 3234

Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

AMENDED

March 8, 2017

H. 3234

Introduced by Reps. McEachern and Sandifer

S. Printed 3/8/17--H.

Read the first time January 10, 2017.

            

A BILL

TO AMEND SECTION 27-40-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS TO THE PROVISIONS OF THE RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO DELETE OCCUPANCY UNDER A RENTAL AGREEMENT COVERING THE PREMISES USED BY THE OCCUPANT PRIMARILY FOR AGRICULTURAL PURPOSES AS AN EXEMPTION UNDER THE ACT.

Amend Title To Conform

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

SECTION    1.    Section 27-40-120 of the 1976 Code is amended to read:

"Section 27-40-120.    The following arrangements are not governed by this chapter:

(1)    residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious, or similar service;

(2)    occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or a person who succeeds to his interest;

(3)    occupancy by a member or a fraternal or social organization in the portion of a structure operated for the benefit of the organization;

(4)    transient occupancy in a hotel, motel, or other accommodations subject to the sales tax on accommodations as provided by Section 12-36-920;

(5)    occupancy by an employee including independent contractors of a landlord whose right to occupancy is conditional upon employment in and about the premises;

(6)    occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative;

(7)    occupancy under a rental agreement covering the premises used by the occupant primarily for agricultural purposes;

(8)(7)    occupancy under a rental agreement in a premises regulated by the provisions of Chapter 32, of Title 27, of the 1976 Code (Vacation Time Sharing Plan Act).;

(9)(8)    residence, whether temporary or not, at a charitable or emergency protective shelter, public or private."

SECTION    2.    This act takes effect upon approval by the Governor.

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