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AMENDED
February 13, 2003
H. 3564
Introduced by Reps. Richardson, Martin, Battle, Bowers, Ceips, Chellis, Clark, Clyburn, Davenport, Gilham, Harvin, Kirsh, Lloyd, Mahaffey, McCraw, McGee, Neilson, Snow, Stille, Thompson, Walker, Witherspoon, Young, White, Clemmons, Bailey and Viers
S. Printed 2/13/03--H.
Read the first time February 11, 2003.
TO AMEND SECTION 27-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT OF A HOMEOWNER OR A TENANT TO DISPLAY THE UNITED STATES FLAG ON HIS REAL PROPERTY, SO AS TO PROVIDE REASONABLE STANDARDS FOR A PORTABLE, REMOVABLE FLAG FOR HOME DISPLAY AND TO APPLY THE PROVISIONS RETROACTIVELY.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 27-1-60 of the 1976 Code, as added by Act 344 of 2002, is amended to read:
"Section 27-1-60. (A) Regardless of any restrictive covenant, declaration, rule, contractual provision, or other requirement concerning flags or decorations provision found in a deed, contract, lease, rental agreement, or homeowners' association document concerning the display of flags or decorations on real property, any a 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) The portable, removable United States flag may be a standard size for home display and may be displayed:
(1) on a free standing flagpole between fifteen and twenty feet for home display; or
(2) affixed to the structure of the home by a flagpole no longer than is reasonable for home display.
(B)(1)(C) No A homeowners' association document, restrictive covenant in a deed, rental agreement, lease, or another contract may not preclude the display of one portable, removable United States flag by a homeowners homeowner or tenant if. However, the flag must be is displayed in a respectful manner, consistent with 36 U.S.C. Sections 171-178, as amended. and complies with the requirements of subsection (B).
(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)(D) For purposes of this section:
(1) 'homeowner' means a person who holds title to real property, in fee simple or otherwise, so as to enjoy the rights of use and possession 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 a temporary occupant of real property 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 or 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 the display of flags or decorations found in a deed, contract, lease or rental agreement, or homeowners' association document.
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