Scroll to History Page
Scroll to Previous Versions Links List
Scroll to Full Text
Download This Bill in Microsoft Word format
Current Status Bill Number:View additional legislative information at the LPITS web site.5259 Ratification Number:479 Act Number:344 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20020509 Primary Sponsor:Meacham-Richardson All Sponsors:Meacham-Richardson, Kirsh, Loftis, A. Young, Trotter, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Cooper, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, Hinson, Howard, Huggins, Jennings, Kelley, Kennedy, Klauber, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Riser, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Vaughn, Walker, Weeks, Whatley, White, Wilder, Witherspoon and J. Young Drafted Document Number:l:\council\bills\bbm\9142ac02.doc Date Bill Passed both Bodies:20020606 Date of Last Amendment:20020605 Governor's Action:S Date of Governor's Action:20020704 Subject:American Flag, no homeowners' association may restrict the display of History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20020724 Act No. A344 ------ 20020703 Signed by Governor ------ 20020606 Ratified R479 House 20020606 Concurred in Senate amendment, enrolled for ratification Senate 20020605 Amended, read third time, returned to House with amendment Senate 20020604 Read second time, notice of general amendments Senate 20020604 Recalled from Committee 11 SJ Senate 20020521 Introduced, read first time, 11 SJ referred to Committee House 20020517 Read third time, sent to Senate House 20020516 Read second time, unanimous consent for third reading on the next Legislative day House 20020516 Amended House 20020515 Debate adjourned until Thursday, 20020516 House 20020509 Introduced, read first time, placed on Calendar without reference Versions of This Bill Revised on May 9, 2002 - Word format Revised on May 16, 2002 - Word format Revised on June 5, 2002 - Word format
(A344, R479, H5259)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-1-60 SO AS TO AUTHORIZE A HOMEOWNER OR TENANT TO DISPLAY AN AMERICAN FLAG ON THE PREMISES REGARDLESS OF ANY PROVISION IN A DEED, CONTRACT, LEASE, RENTAL AGREEMENT, OR HOMEOWNER'S ASSOCIATION DOCUMENT AND TO PROHIBIT A DEED, CONTRACT, LEASE, RENTAL AGREEMENT, OR HOMEOWNER'S ASSOCIATION DOCUMENT FROM PRECLUDING A TENANT OR HOMEOWNER FROM DISPLAYING THE FLAG.
Be it enacted by the General Assembly of the State of South Carolina:
United States flag may be flown by homeowner or tenant; deeds, contracts, leases etc. may not prohibit displaying of flag
SECTION 1. Chapter 1, Title 27 of the 1976 Code is amended by adding:
"Section 27-1-60. (A) Regardless of any restrictive covenant, declaration, rule, contractual provision, or other requirement concerning flags or decorations found in a deed, contract, lease, rental agreement, or homeowners' association document, any homeowner or tenant may display one portable, removable United States flag in a respectful manner, consistent with 36 U.S.C. Sections 171-178, as amended, on the premises of the property of which he is entitled to use.
(B)(1) No homeowners' association document may preclude the display of one portable, removable United States flag by homeowners. However, the flag must be displayed in a respectful manner, consistent with 36 U.S.C. Sections 171-178, as amended.
(2) No restrictive covenant in a deed may preclude the display of one portable, removable United States flag on the property. However, the flag must be displayed in a respectful manner, consistent with 36 U.S.C. Sections 171-178, as amended.
(3) No rental agreement, lease, or contract may preclude the display of one portable, removable United States flag on the premises of any tenant. However, the flag must be displayed in a respectful manner, consistent with 36 U.S.C. Sections 171-178, as amended.
(C) For purposes of this section:
(1) 'homeowner' means a person who holds title to real property, in fee simple or otherwise including, but not limited to, an owner of real property subject to a homeowners' association, an owner of an interest in a vacation time sharing plan, and a co-owner under a horizontal property regime;
(2) 'homeowners' association' has the same meaning as provided in Section 12-43-230;
(3) 'homeowners' association document' includes, but is not limited to, declarations of covenants, articles of incorporation, bylaws, or any similar document concerning the rights of property owners to use their property; and
(4) 'tenant' means any tenant under a rental agreement executed pursuant to Chapter 40, Title 27, any tenant under a rental agreement executed pursuant to Chapter 47, Title 27, any tenant under a vacation time sharing plan, any tenant under a horizontal property regime, and any person who leases commercial or residential real property under a contractual agreement."
Time effective
SECTION 2. This act takes effect upon approval by the Governor and applies retroactively regardless of the date of adoption of any restrictive covenant, declaration, rule, contractual provision, or other requirement concerning flags or decorations found in a deed, contract, lease, rental agreement, or homeowners' association document.
Ratified the 6th day of June, 2002.
Approved the 3rd day of July, 2002.
This web page was last updated on Tuesday, December 8, 2009 at 11:40 A.M.