A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 27-48-10 SO AS TO PROVIDE DEFINTIONS FOR THE CHAPTER; BY ADDING SECTION 27-48-20 SO AS TO PROVIDE THAT A COUNTY, MUNICIPALITY, OR OTHER POLITICAL SUBDIVISION MAY DESIGNATE PROPERTY TO BE USED FOR NO LONGER THAN ONE YEAR FOR THE PURPOSES OF PUBLIC CAMPING OR SLEEPING FOR PEOPLE EXPERIENCING UNSHELTERED HOMELESSNESS; BY ADDING SECTION 27-48-30 SO AS TO PROVIDE THAT A RESIDENT OF THE COUNTY, MUNICIPALITY, POLITICAL SUBDIVISION, OR AN OWNER OF A BUSINESS LOCATED IN THE COUNTY, MUNICIPALITY, OR POLITICAL SUBDIVISION, OR THE ATTORNEY GENERAL MAY BRING A CIVIL ACTION IN ANY COURT OF COMPETENT JURISDICTION TO ENFORCE THE PROVISIONS OF SECTION 27-48-20.

 

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

 

SECTION 1.  Title 27 of the S.C. Code is amended by adding:

 

CHAPTER 48

 

Authorized Temporary Shelter Sites Act

 

    Section 27-48-10.  (A) This act shall be known as the "Authorized Temporary Shelter Sites Act".

    (B) The purpose of this act is to provide for a county, municipality, or other political subdivision to establish safe, regulated, and authorized locations in which homeless persons can have temporary shelter. As used in this chapter:

        (1) "Campsite" means a regular location of public grounds designated as a recreational camping ground, area, or facility, that allows temporary overnight occupancy without a permanently fixed structure.

        (2) "Public camping" means to sleep upon, occupy, or otherwise use as a substitute for regular shelter public property not designated as a campsite.

        (3) "Unsheltered homeless" means those homeless persons whose primary nighttime residences are places not meant for human habitation, including, but not limited to, tents, cars, recreational vehicles, makeshift shelters, parks, rights-of-way, campsites, and abandoned buildings.

 

    Section 27-48-20.  (A) A county, municipality, or other political subdivision may designate property owned by the county, municipality, or political subdivision, within its boundaries, to be used for a continuous period of no longer than one year for the purposes of public camping or sleeping for people experiencing unsheltered homelessness. This designation is based on the following factors:

       (1) there are not sufficient open beds in homeless shelters in the county, municipality, or political subdivision for the unsheltered homeless population of the county, municipality, or political subdivision;

       (2) the designation would not adversely and materially affect the property value or safety and security of other existing residential or commercial property in the county, municipality, or political subdivision, and would not negatively affect the safety of children; and

       (3) the county, municipality, or political subdivision has developed a plan to satisfy the requirements of subsection (B).

    (B) If a county, municipality, or political subdivision designates public property to be used for public camping or sleeping for unsheltered homeless, it must establish and maintain minimum standards and procedures related to the designated property for the purposes of:

       (1) ensuring the safety and security of the designated property and the persons camping on such property;

       (2) assigning specific sublots, parking spots, or other locations, as applicable, to persons within the property;

       (3) maintaining a register of persons who have utilized the property and on which dates;

       (4) maintaining sanitation, which must include, at a minimum, providing access to clean and operable restrooms, showers, and running water;

       (5) facilitating access to behavioral health services, including but not limited to, substance abuse and mental health treatment resources;

       (6) prohibiting the use of unlawful substances on the designated property and enforcing such prohibitions; and

       (7) ensuring adherence to and enforcement of all federal, state, and local laws and regulations.

 

    Section 27-48-30.  (A) A resident of the county, municipality, or political subdivision, an owner of a business located in the county, municipality, or political subdivision, or the Attorney General may bring a civil action in any court of competent jurisdiction against any county, municipality, or political subdivision to enforce the requirements of Section 27-48-20(B).

    (B) An application for an injunction filed pursuant to this section must be accompanied by an affidavit attesting that:

       (1) the applicant has provided written notice of the alleged violation of Section 27-48 20(B) to the county, municipality, or political subdivision;

       (2) the applicant has provided the county, municipality, or political subdivision with five business days to cure the alleged violation; and

       (3) the county, municipality, or political subdivision has failed to take all reasonable actions within the limits of its authority to cure the alleged violation within five business days after receiving written notice of the alleged violation.

Nothing in this act shall be construed so as to restrict the state or any county, municipality, or political subdivision from authorizing, maintaining, or allowing temporary camping on a public campsite.

 

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

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