A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 12-37-160 SO AS TO PROVIDE THAT AN IMPOSITION OF ANY TAXATION, PROHIBITION, RESTRICTION, OR FEE IMPOSITION, OR ANY REGULATION REGARDING THE USE, DISPOSITION, OR SALE OF A CO-OWNED HOME MUST BE DONE BY THE GENERAL ASSEMBLY.

 

Whereas, the General Assembly finds that the public policy of this State favors the transferability of interests in real property free from unreasonable restraints; and

 

Whereas, Section 1, Article XII of the South Carolina Constitution acknowledges that the property of the people of this State is a matter of public concern; and

 

Whereas, an individual's right and ability to own property should not be unreasonably infringed upon by unnecessary and burdensome restrictions. Now, therefore,

 

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

 

SECTION 1.  Article 1, Chapter 37, Title 12 of the S.C. Code is amended by adding:

 

    Section 12-37-160. (A) For purposes of this section:

       (1) "Co-owned home" means a residential dwelling located in a municipality that is jointly owned, in any manner or form, by any combination of individuals or entities for the purpose of the owners' use and enjoyment.

       (2) "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.

    (B) An imposition of any taxation, prohibition, restriction, fee imposition, or any regulation regarding the use, disposition, or sale of a co-owned home must be enacted by the General Assembly. This section supersedes and preempts any ordinance enacted by a municipality, or the enforcement of any ordinance by any municipality, that purports to regulate the use, disposition, sale, or any imposition of any prohibition, restriction, fee imposition, or taxation of co-owned homes.  Nothing in this section limits the authority of a county to regulate a co-owned home. Nothing in this section limits the authority of a municipality to:

       (1) enact or enforce any ordinance to regulate the rental of co-owned homes provided that the ordinance does not regulate the use of the home by the owners of the co-owned home or the guests of the owners so long as no fee is collected from the guest; or

       (2) enact or enforce land use regulations, if the regulations are applied equally to all residential dwellings, including co-owned homes and does not treat the operation, management, or conveyance of a co-owned home as a commercial use.

 

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

----XX----