South Carolina S 366: SC Compassionate Care Act

Bill Text

2025-2026 Bill 366 Text of Previous Version (Feb. 20, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 366

Indicates Matter Stricken
Indicates New Matter

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

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING 
SECTION 27-1-60, RELATING TO THE RIGHT OF A HOMEOWNER TO DISPLAY CERTAIN FLAGS, 
SO AS TO ALLOW FOR ADDITIONAL FLAGS TO BE DISPLAYED; BY AMENDING SECTION 27-30-150, 
RELATING TO AN APPLICATION OF ACCESS TO DOCUMENT PROVISIONS, SO AS TO REQUIRE 
THE DISCLOSURE OF ANY MONIES PAID TO AN OFFICER OF OR CONTRACT ENTERED INTO BY 
A HOMEWONERS ASSOCIATION; BY ADDING SECTION 27-30-180 SO AS TO LIMIT A 
HOMEOWNERS ASSOCIATION'S ABILITY TO RESTRICT SPEECH; BY AMENDING SECTION 
15-41-30, RELATING TO PROPERTY EXEMPT FROM ATTACHMENT, LEVY, AND SALE, SO AS TO 
PROHIBIT A HOMEOWNERS ASSOCIATION FROM FORECLOSING ON A DEBTOR'S PRIMARY 
RESIDENCE; AND BY AMENDING SECTION 27-30-130, RELATING TO THE ENFORCEABILITY OF 
GOVERNING DOCUMENTS, SO AS TO NULLIFY ANY PROVISION IN A HOMEOWNERS ASSOCIATION 
GOVERNING DOCUMENTS GRANTING THE HOMEOWNERS ASSOCIATION THE AUTHORITY TO 
FORECLOSE ON THE PROPERTY OF A HOMEOWNER.

Be it enacted by the General 
Assembly of the State of South Carolina:

SECTION 1. Section 27-1-60 of the S.C. 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 homeowner or tenant may display one up to two of the following portable, removable United States flagflags 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.

 (1) the United States Flag;

 (2) the official flag of the State of 
South Carolina;

 (3) a flag that represents the United 
States Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard;

 (4) a POW-MIA flag; or

 (5) a first responder flag. For purposes 
of this subsection, the term "first responder flag" means a flag that 
recognizes and honors the service of any of the following:

 (a) law enforcement officers as defined 
in Section 23-23-10;

 (b) firefighters as defined in Section 
40-80-10;

 (c) paramedics or emergency medical 
technicians as defined in Section 44-61-20;

 (d) correctional officers working for 
the Department of Corrections;

 (e) public safety agents as defined in 
Section 23-47-10;

 (f) advanced practice registered nurses, 
licensed practical nurses, or registered nurses as those terms are defined in 
Section 40-33-5;

 (g) persons participating in the South 
Carolina Emergency Response Task Force as defined in Section 23-49-110; and

 (h) federal law enforcement officers as 
defined in 18 U.S.C. Section 115.

 (B)(1) No homeowners' 
association document may preclude the display of one up to two portable, removable United 
States flag flags as described in subsection (A) 
by homeowners. However, allthe 
flagflags 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 up to two portable, 
removable United States flag flags 
as described in subsection (A) on the property. However, the flagflags 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 up to two portable, 
removable United States flagflags 
as described in subsection (A) on the premises of any tenant. However, 
the flagsflag 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. Section 27-30-150 of the S.C.