Indicates Matter Stricken

Indicates New Matter

 

Committee Report

March 27, 2024

 

S. 723

 

Introduced by Senator Talley

 

S. Printed 03/27/24--S.

Read the first time April 12, 2023

 

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The committee on Senate Judiciary

To whom was referred a Bill (S. 723) to amend the South Carolina Code of Laws by amending Section 27-40-20, relating to the purposes and rules of construction for the residential landlord and tenant, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

 

    Amend the bill, as and if amended, by striking all after the enacting words and inserting:

SECTION 1.  Section 27-40-120 of the S.C. 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 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) 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) residence, whether temporary or not, at a charitable or emergency protective shelter, public or private; or

    (10) tenancy where a rental space is offered for occupancy in a vehicle which primarily is designed as temporary living quarters for recreational camping or travel use that has its own motor or is mounted on or drawn by another vehicle.

 

SECTION 2.  Chapter 2, Title 45 of the S.C. Code is amended by adding:

 

    Section 45-2-65. (A) After making a reasonable attempt to verbally warn a tenant to cease and desist, the owner, operator, manager, or keeper of a campground has the right to demand the tenant's removal and request law enforcement assistance to immediately remove a tenant who by violating any of the provisions of Section 45-2-60 has willfully denied any other tenants their right to quiet enjoyment of their tenancies.

    (B) A tenant who refuses to leave after receiving the warning and demand as provided in subsection (A) may be arrested by law enforcement and charged with trespass as provided in Section 16-11-620.

    (C) An action for damages or otherwise must not be allowed in a court of law against the owner, operator, manager, or keeper of a campground for reasonable exercise of rights pursuant to this section.

    (D) A tenant who leaves or is arrested as provided in this section is considered to have abandoned his right to use the campground, and the owner, operator, manager, or keeper may make the rental available to other persons.

    (E) A tenant removed from a campground as provided in this section has ten days from the date of removal to make a written claim for any property left behind. After providing a written claim, the tenant has twenty days to collect the property. After the passage of twenty days from the date of the tenant's written claim, any property left uncollected may be kept or otherwise disposed of in the sole discretion of the owner, operator, manager, or keeper of a campground.

 

SECTION 3.  This act takes effect upon approval by the Governor.

 

Renumber sections to conform.

Amend title to conform.

 

LUKE RANKIN for Committee.

 

 

 

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

Local Expenditure

This bill changes the Residential Landlord and Tenant Act to specify that the provisions do not apply to rental of spaces that are occupied by a vehicle or camper designed as a temporary living quarters. Further, the bill also enables an innkeeper to request assistance from local law enforcement to eject a person or trespasser for specified violations and provides for procedures regarding disposition of possession remaining after ejection.

 

RFA previously contacted counties and MASC regarding the impact of similar legislation. MASC indicates that the bill will have a minimal expenditure impact on cities and towns since law enforcement officers are already engaged in eviction proceedings with other classes of tenants. In addition, MASC does not expect the bill to result in a significant increase in the number of cases on the local municipal court docket. Based on this response, we do not anticipate an impact on county governments.

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 27-40-20, RELATING TO THE PURPOSES AND RULES OF CONSTRUCTION FOR THE RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO EXEMPT CERTAIN TENANCIES FROM THE ACT; AND BY AMENDING SECTION 45-2-60, RELATING TO THE EJECTMENT OF A PERSON FROM A LODGING ESTABLISHMENT, SO AS TO AUTHORIZE AN INNKEEPER TO REQUEST ASSISTANCE FROM LAW ENFORCEMENT TO EJECT A PERSON AND TO PROVIDE THAT A PERSON EJECTED FROM A CAMPGROUND HAS TEN DAYS TO MAKE A CLAIM FOR PROPERTY LEFT AT THE TIME OF EJECTMENT.

 

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

 

SECTION 1.  Section 27-40-20 of the S.C. Code is amended by adding a subsection to read:

 

    (c) The provisions of this chapter do not apply to a tenancy where a rental space is offered for occupancy by a vehicle which primarily is designed as temporary living quarters for recreational camping or travel use that has its own motor or is mounted on or drawn by another vehicle.

 

SECTION 2.  Section 45-2-60 of the S.C. Code is amended by adding subsections to read:

 

    (B) An innkeeper may request assistance from local law enforcement to eject a person pursuant to this section or a trespasser.

    (C) A person ejected from a campground has ten days from the date of lawful ejection made pursuant to the provisions of this chapter to make a valid claim for any property that was allegedly left behind. Once notice is issued to the innkeeper, the person has ten days to collect the property. An innkeeper may keep or otherwise dispose of any property left uncollected after the passage of twenty days from an ejectment in the innkeeper's sole discretion.

 

SECTION 3.  This act takes effect upon approval by the Governor.

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