South Carolina H 3861: Short-term rentals

Status: Referred to Committee on Medical, Military, Public and Municipal Affairs (as of 2025-01-30)

State: South Carolina · Session: 2025-2026 · Bill: H 3861

Sponsors: Bailey, Bannister, Brewer, Hewitt, Murphy

Bill Text

2025-2026 Bill 3861 Text of Previous Version (Jan. 30, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3861

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS 
BY ADDING SECTION 6-1-195 SO AS TO PROHIBIT A GOVERNING BODY OF A MUNICIPALITY, 
COUNTY, OR OTHER POLITICAL SUBDIVISION OF THE STATE FROM ENACTING OR ENFORCING 
AN ORDINANCE, RESOLUTION, OR REGULATION THAT PROHIBITS THE RENTAL OF A 
RESIDENTIAL DWELLING TO A SHORT-TERM GUEST, TO PROVIDE PENALTIES, AND TO DEFINE 
TERMS.

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

SECTION 1. Article 1, Chapter 1, Title 6 
of the S.C. Code is amended by adding:

 Section 
6-1-195. (A) Notwithstanding another 
provision of law, a governing body of a municipality, county, or other 
political subdivision of the State may not enact or enforce an ordinance, 
resolution, or regulation that prohibits the rental of a residential dwelling 
to a short-term guest.

 (B) A municipality, county, or other 
political subdivision of the State that enacts or enforces an ordinance, 
resolution, or regulation that violates the provisions of subsection (A) may 
not:

 (1) assess or collect the six percent 
property assessment ratio for qualifying real property pursuant to Section 
12-43-220(e); and

 (2) the Office of the State Treasurer 
shall withhold the municipality's, county's, or political subdivision's State 
Aid to Subdivisions Act distribution until the ordinance, resolution, or 
regulation in violation of subsection (A) is repealed.

 (C) This section supersedes and preempts 
any ordinance, resolution, or regulation enacted by a municipality, county, or 
other political subdivision of the State that purports to prohibit the rental 
of a residential dwelling to a short-term guest.

 (D) For purposes of this section:

 (1) "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.

 (2) "Short-term rental" means a 
residential dwelling that is offered for rent for a fee and for fewer than 
twenty-nine consecutive days.

 (3) "Short-term guest" means a person 
who rents a short-term rental.

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

----XX----

This web page was last updated on January 30, 2025 at 12:07 PM

View South Carolina H 3861 on LegisTrack → — full text, sponsors, votes, campaign finance, and cross-state matches.