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AS PASSED BY THE SENATE
June 5, 2002
H. 5259
Introduced by Reps. 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
L. Printed 6/05/02--S.
Read the first time May 9, 2002.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-1-60 SO AS TO PROVIDE THAT NO CONTRACTUAL AGREEMENT FOR THE LEASING OF RESIDENTIAL OR COMMERCIAL PROPERTY AND NO HOMEOWNER'S ASSOCIATION BY-LAWS MAY RESTRICT THE LAWFUL FLYING OF THE AMERICAN FLAG ON THE PREMISES.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
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."
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.
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