South Carolina S 723: Lodging Accommodations Ejectment

Bill Text

South Carolina General Assembly

125th Session, 2023-2024



S. 723



STATUS INFORMATION



General Bill

Sponsors: Senators Talley, Turner, Campsen and Bennett

Companion/Similar bill(s): 3100

Document Path: SJ-0033PB23.docx



Introduced in the Senate on April 12, 2023

Introduced in the House on April 9, 2024

Last Amended on April 3, 2024


Currently residing in the House Committee on Judiciary



Summary: Lodging Accommodations Ejectment





HISTORY OF LEGISLATIVE ACTIONS



	Date	Body	Action Description with journal page number	

	4/12/2023	Senate	Introduced and read first time (Senate Journal‑page 9)

	4/12/2023	Senate	Referred to Committee on Judiciary (Senate Journal‑page 9)

	3/27/2024	Senate	Committee report: Favorable with amendment Judiciary (Senate Journal‑page 11)

	4/2/2024	Senate	Committee Amendment Adopted (Senate Journal‑page 39)

	4/3/2024	Senate	Amended (Senate Journal‑page 32)

	4/3/2024	Senate	Read second time (Senate Journal‑page 32)

	4/3/2024	Senate	Roll call Ayes-44  Nays-0 (Senate Journal‑page 32)

	4/4/2024		Scrivener's error corrected
 

	4/4/2024	Senate	Read third time and sent to House (Senate Journal‑page 16)

	4/9/2024	House	Referred to Committee on Judiciary (House Journal‑page 16)



View the latest  legislative information  at the website





VERSIONS OF THIS BILL



04/12/2023

03/27/2024

04/02/2024

04/03/2024

04/04/2024









Indicates Matter Stricken

Indicates New Matter



Amended

04/03/24



S. 723



Introduced by Senators Talley, Turner, Campsen and Bennett 



S. Printed 04/03/24--S.	[SEC 4/4/2024 12:50 PM]

Read the first time April 12, 2023



________





















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.

	Amend Title To Conform



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



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