A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 53-1-20, RELATING TO COLLEGE AND UNIVERSITY CAMPUSES EXEMPT FROM THE PROHIBITION ON SUNDAY PUBLIC SPORTS, SO AS TO DEFINE TERMS PERTAINING TO CAMPUS EVENTS AND LAND USE APPROVAL, TO PROVIDE THAT NO COUNTY OR MUNICIPALITY MAY PROHIBIT, RESTRICT, CONDITION, DELAY, OR REQUIRE LAND USE APPROVAL FOR EVENTS HELD ON THE CAMPUS OF A STATE-SUPPORTED INSTITUTION OF HIGHER LEARNING BASED ON ZONING ORDINANCES OR LAND USE CLASSIFICATIONS, AND TO CLARIFY THE APPLICATION OF GENERALLY APPLICABLE SAFETY LAWS.

 

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

 

SECTION 1.  Section 53-1-20 of the S.C. Code is amended to read:

 

    Section 53-1-20. (A) As used in this section:

       (1) "Campus" means real property owned, leased, or otherwise controlled by a state-supported institution of higher learning, including stadiums, arenas, athletic facilities, performance venues, and associated grounds and parking areas, whether the property is located within or outside municipal boundaries.

       (2) "Event" means a concert, performance, commencement, lecture, exhibition, festival, ceremony, athletic contest, or similar gathering, whether hosted solely by the institution or in partnership with a third party, provided the event is approved by the governing board of the institution.

       (3) "Land use approval" means any approval, permit, determination, exception, variance, or authorization required because of the use of land or a land use classification under a local ordinance, including approvals administered by a zoning administrator, planning department, board of zoning appeals, or similar body.

    (B) Notwithstanding any provision of law to the contrary, college and university campuses shall be exempt from the provisions of Section 53-1-10.

    (C) No county or municipality may prohibit, restrict, condition, delay, or require a land use approval for an event held on the campus of a state-supported institution of higher learning based on any zoning ordinance, zoning district, overlay district, land use classification, or other land use regulation, including, but not limited to, any requirement for a special exception, conditional use approval, variance, zoning permit, certificate of zoning compliance, zoning determination, site plan approval, development plan approval, or similar land use approval, provided that the event is approved by the governing board of the institution.

    (D) Nothing in this section may be construed to limit a county's or municipality's authority to apply and enforce generally applicable building, fire, life safety, health, and traffic laws and regulations, provided that such requirements are applied in a content-neutral manner and are not imposed as a substitute for, or pretext to accomplish, a prohibited zoning or land use restriction under subsection (C).

 

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

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