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Indicates Matter Stricken
Indicates New Matter
Sponsors: Reps. Hewitt, Oremus and Bennett
Document Path: l:\council\bills\cc\16086zw22.docx
Introduced in the House on January 11, 2022
Currently residing in the House Committee on Judiciary
Summary: Local Govt's regulating vacation homes/short-term residential rentals
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 11/10/2021 House Prefiled 11/10/2021 House Referred to Committee on Judiciary 1/11/2022 House Introduced and read first time (House Journal-page 50) 1/11/2022 House Referred to Committee on Judiciary (House Journal-page 50)
View the latest legislative information at the website
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-190 SO AS TO PROVIDE THAT A GOVERNING BODY OF A MUNICIPALITY, COUNTY, OR OTHER POLITICAL SUBDIVISION OF THE STATE MAY NOT ENACT OR ENFORCE AN ORDINANCE, RESOLUTION, OR REGULATION THAT PROHIBITS THE RENTAL OF A RESIDENTIAL DWELLING TO A SHORT-TERM GUEST; TO PROVIDE PENALTIES; AND TO DEFINE RELEVANT TERMS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 1, Title 6 of the 1976 Code is amended by adding:
"Section 6-1-190. (A) Notwithstanding another provision of law, a governing body of a municipality, county, or other political subdivision of the State may not enact or enforce an ordinance, resolution, or regulation that prohibits the rental of a residential dwelling to a short-term guest.
(B) A municipality, county, or other political subdivision of the State that enacts or enforces an ordinance, resolution, or regulation that violates the provisions of subsection (A) may not:
(1) assess or collect the six percent property assessment ratio for qualifying real property pursuant to Section 12-43-220(e); and
(2)(a) receive any distributions from the Local Government Fund pursuant to Chapter 27, Title 6; and
(b) the Office of the State Treasurer shall withhold the municipality's, county's, or political subdivision's State Aid to Subdivisions Act distribution until the ordinance, resolution, or regulation in violation of subsection (A) is repealed.
(C) This section supersedes and preempts any ordinance, resolution, or regulation enacted by a municipality, county, or other political subdivision of the State that purports to prohibit the rental of a residential dwelling to a short-term guest.
(D) For purposes of this section:
(1) 'Residential dwelling' means any building, structure, or part of the building or structure, that is used or intended to be used as a home, residence, or sleeping place by one or more persons to the exclusion of all others.
(2) 'Short-term rental' means a residential dwelling that is offered for rent for a fee and for fewer than twenty-nine consecutive days.
(3) 'Short-term guest' means a person who rents a short-term rental."
SECTION 3. This act takes effect upon approval by the Governor.
This web page was last updated on January 12, 2022 at 4:05 PM