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    State Preemption Bills Introduced

    It has only been a little over a week into 2019 and state legislators have moved quickly to introduce legislation that affects the vacation rental industry.

    South Carolina, Missouri, and Nebraska are the first three states in 2019 to propose the creation of statewide preemption for vacation properties. These preemptions protect the property rights of vacation homeowners and protect the vacation rental industry by preventing communities from outright banning short-term rental but still allowing for the regulation of the industry.

    There are currently five states with preemption: Arizona, Florida, Idaho, Indiana, and Tennessee. A sixth state, Wisconsin, also technically has preemption, but their law passed as an amendment to the 2018 budget bill and there are questions over its long-term efficacy.

    In years past, six states have attempted preemption legislation, which includes Georgia, Illinois, Michigan, Nebraska (twice), Texas, and Virginia.

     2019 Preemption graphic 1-10-19-small.png



    To learn more about the bill follow the links below.

    South Carolina

    Representative Garry Smith introduced HB 3187


    Rep Derek Grier introduced HB 473


    Senator Adam Morfeld introduced a preemption bill on January 10, 2019. There currently is not a summary of the bill available. We learned about the effort through his announcement:  

    Just signed and introduced legislation to protect Airbnb’s and other short term rentals, and legislation to protect our communities from gun violence by enacting a red flag law! #Nebraska #NEleg pic.twitter.com/Q4zsKiGXsi

    — Senator Adam Morfeld (@Adam_Morfeld) January 10, 2019
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