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H. 3537
STATUS INFORMATION
General Bill
Sponsors: Reps. Bailey, McGarry, Fry, Bryant, Burns, Felder, Long, Pope, Gilliam, Caskey and Yow
Document Path: l:\council\bills\agm\19866cz21.docx
Introduced in the House on January 12, 2021
Introduced in the Senate on March 15, 2022
Last Amended on March 10, 2022
Currently residing in the Senate Committee on Judiciary
Summary: Flag, homeowners' rights to fly US flag
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
-------------------------------------------------------------------------------
12/16/2020 House Prefiled
12/16/2020 House Referred to Committee on Medical, Military, Public and
Municipal Affairs
1/12/2021 House Introduced and read first time (House Journal-page 230)
1/12/2021 House Referred to Committee on Medical, Military, Public and
Municipal Affairs (House Journal-page 230)
1/13/2021 House Member(s) request name added as sponsor: Caskey
3/9/2022 House Committee report: Favorable with amendment Medical,
Military, Public and Municipal Affairs
(House Journal-page 37)
3/10/2022 House Member(s) request name added as sponsor: Yow
3/10/2022 House Amended (House Journal-page 73)
3/10/2022 House Read second time (House Journal-page 73)
3/10/2022 House Roll call Yeas-104 Nays-2 (House Journal-page 74)
3/10/2022 House Unanimous consent for third reading on next legislative
day (House Journal-page 76)
3/11/2022 House Read third time and sent to Senate
3/11/2022 Scrivener's error corrected
3/15/2022 Senate Introduced and read first time (Senate Journal-page 10)
3/15/2022 Senate Referred to Committee on Judiciary
(Senate Journal-page 10)
3/30/2022 Senate Referred to Subcommittee: Climer (ch), Kimpson,
Matthews, Adams, Kimbrell
View the latest legislative information at the website
VERSIONS OF THIS BILL
12/16/2020
3/9/2022
3/10/2022
3/11/2022
Indicates Matter Stricken
Indicates New Matter
AMENDED
March 10, 2022
H. 3537
Introduced by Reps. Bailey, McGarry, Fry, Bryant, Burns, Felder, Long, Pope, Gilliam, Caskey and Yow
S. Printed 3/10/22--H. [SEC 3/11/22 11:59 AM]
Read the first time January 12, 2021.
TO AMEND SECTION 27-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHTS OF HOMEOWNERS OR TENANTS TO FLY THE UNITED STATES FLAG AT THEIR PREMISES, NOTWITHSTANDING THE PROVISIONS OF ANY HOMEOWNERS' ASSOCIATION GOVERNING DOCUMENTS, CONTRACTUAL PROVISIONS, OR DEED COVENANTS TO THE CONTRARY, SO AS TO PROVIDE THAT THIS RIGHT INCLUDES THE RIGHT TO DISPLAY THE FLAG ON A FLAGPOLE INSTALLED AT THE PREMISES FOR THIS PURPOSE.
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 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 found in a deed, contract, lease, rental agreement, or homeowners' association document, any a homeowner or tenant may display one portable, removable United States flag and one portable, removable South Carolina 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. The above referenced governing documents applicable to the premises, including the bylaws of the homeowners' association, also may not prohibit the installation of a flagpole for the display of the flag of the United States or South Carolina. However, the governing documents may include reasonable rules and regulations regarding the location and size of the flagpole.
(B)(1) No A homeowners' association document may not preclude the display of one portable, removable United States flag or one portable, removable South Carolina flag by homeowners and the use of a flagpole for displaying the flag as provided in subsection (A). However, the flag must be displayed in a respectful manner, consistent with 36 U.S.C. Sections 171-178, as amended.
(2) No A restrictive covenant in a deed may not preclude the display of one portable, removable United States flag or one portable, removable South Carolina flag on the property and the use of a flagpole for displaying the flag as provided in subsection (A). However, the flag must be displayed in a respectful manner, consistent with 36 U.S.C. Sections 171-178, as amended.
(3) No A rental agreement, lease, or contract may not preclude the display of one portable, removable United States flag or one portable, removable South Carolina flag on the premises of any tenant and the use of a flagpole for displaying the flag as provided in subsection (A). 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 a tenant under a rental agreement executed pursuant to Chapter 40, Title 27, any a tenant under a rental agreement executed pursuant to Chapter 47, Title 27, any a tenant under a vacation time sharing plan, any a tenant under a horizontal property regime, and any a person who leases commercial or residential real property under a contractual agreement."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on March 31, 2022 at 9:21 AM