South Carolina General Assembly
114th Session, 2001-2002

Scroll to History Page
Scroll to Previous Versions Links List
Scroll to Full Text
Download This Bill in Microsoft Word format

Bill 5259


                    Current Status

Bill Number:                      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

View additional legislative information at the LPITS web site.


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

(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.