H*5259(Rat #0479, Act #0344 of 2002)  General Bill, By Meacham-Richardson, 
Kirsh, Loftis, 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, 
D. 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, J. Young and A. Young
 A BILL 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.-amended title

   05/09/02  House  Introduced, read first time, placed on calendar
                     without reference HJ-31
   05/15/02  House  Debate adjourned until Thursday, May 16, 2002 HJ-81
   05/16/02  House  Amended HJ-23
   05/16/02  House  Read second time HJ-24
   05/16/02  House  Unanimous consent for third reading on next
                     legislative day HJ-24
   05/17/02  House  Read third time and sent to Senate HJ-2
   05/21/02  Senate Introduced and read first time SJ-7
   05/21/02  Senate Referred to Committee on Judiciary SJ-7
   06/04/02  Senate Recalled from Committee on Judiciary SJ-67
   06/04/02  Senate Read second time SJ-67
   06/04/02  Senate Ordered to third reading with notice of
                     amendments SJ-67
   06/05/02  Senate Amended SJ-38
   06/05/02  Senate Read third time and returned to House with
                     amendments SJ-38
   06/06/02  House  Concurred in Senate amendment and enrolled HJ-19
   06/06/02         Ratified R 479
   07/03/02         Signed By Governor
   07/25/02         Effective date 7/3/02  See Act
   07/25/02         Copies available
   08/06/02         Act No. 344

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.