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1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Flag Display Act is amended by changing
5Section 10 and adding Section 16 as follows:
 
6    (5 ILCS 465/10)
7    Sec. 10. Death of resident military member, law
8enforcement officer, firefighter, or members of EMS crews.
9    (a) The Governor shall issue an official notice to fly the
10following flags at half-staff upon the death of a resident of
11this State killed (i) by hostile fire as a member of the United
12States armed forces, (ii) in the line of duty as a law
13enforcement officer, (iii) in the line of duty as a
14firefighter, (iv) in the line of duty as a member of an
15Emergency Medical Services (EMS) crew, or (v) during on duty
16training for active military duty: the United States national
17flag, the State flag of Illinois, and, in the case of the death
18of the member of the United States armed forces, the
19appropriate military flag as defined in subsection (b) of
20Section 18.6 of the Condominium Property Act and the Honor and
21Remember Flag designated under Section 16 of this Act. Upon
22the Governor's notice, each person or entity required by this
23Act to ensure the display of the United States national flag on

 

 

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1a flagstaff shall ensure that the flags described in the
2notice are displayed at half-staff on the day designated for
3the resident's funeral and the 2 days preceding that day.
4    (b) The Department of Veterans' Affairs shall notify the
5Governor of the death by hostile fire of an Illinois resident
6member of the United States armed forces. In lieu of notice
7being provided by the Department of Veterans' Affairs, any
8other State or Federal entity, agency, or person holding such
9information may notify the Governor of the death by hostile
10fire of an Illinois resident member of the United States armed
11forces. If such notice is provided to the Governor by an
12entity, agency, or person other than the Department of
13Veterans' Affairs, then the obligation to notify the Governor
14of an Illinois resident soldier's death under this subsection
15(b) shall be considered fulfilled. The Illinois State Police
16shall notify the Governor of the death in the line of duty of
17an Illinois resident law enforcement officer. The Office of
18the State Fire Marshal shall notify the Governor of the death
19in the line of duty of an Illinois resident firefighter. The
20Department of Public Health shall notify the Governor of the
21death in the line of duty of an Illinois resident member of an
22Emergency Medical Services (EMS) crew. Notice to the Governor
23shall include at least the resident's name and Illinois
24address, the date designated for the funeral, and the
25circumstances of the death.
26    (c) For the purpose of this Section, the United States

 

 

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1armed forces includes: (i) the United States Army, Navy,
2Marine Corps, Air Force, and Coast Guard; (ii) any reserve
3component of each of the forces listed in item (i); and (iii)
4the National Guard.
5    (d) Nothing in this Section requires the removal or
6relocation of any existing flags currently displayed in the
7State. This Section does not apply to a State facility if the
8requirements of this Section cannot be satisfied without a
9physical modification to that facility.
10(Source: P.A. 102-538, eff. 8-20-21.)
 
11    (5 ILCS 465/16 new)
12    Sec. 16. Honor and Remember Flag.
13    (a) The Honor and Remember Flag is designated as the
14symbol of the State's concern for and commitment to honoring
15and remembering the lives of all members of the United States
16armed forces who have lost their lives while serving or as a
17result of service and their families.
18    (b) The Honor and Remember Flag shall be displayed at the
19locations specified in subsection (c) of this Section on the
20following days:
21        (1) Armed Forces Day, the third Saturday in May.
22        (2) Memorial Day, the last Monday in May.
23        (3) Flag Day, June 14.
24        (4) Fourth of July.
25        (5) National POW/MIA Recognition Day, the third Friday

 

 

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1    of September.
2        (6) Gold Star Mother's Day, the last Sunday of
3    September.
4        (7) Veterans Day, November 11.
5        (8) Whenever there is a State military casualty.
6    The Honor and Remember Flag should be displayed at all
7State military memorials and State veteran cemeteries whenever
8the flag of the United States is flown.
9    (c) The Honor and Remember Flag shall be displayed at the
10State Capitol and the locations designated in Sections 1, 2,
11and 3b of this Act in the manner specified by those Sections.
 
12    Section 10. The Condominium Property Act is amended by
13changing Section 18.6 as follows:
 
14    (765 ILCS 605/18.6)
15    Sec. 18.6. Display of American flag or military flag.
16    (a) Notwithstanding any provision in the declaration,
17bylaws, rules, regulations, or agreements or other instruments
18of a condominium association or a master association or a
19common interest community association or a board's
20construction of any of those instruments, a board may not
21prohibit the display of the American flag or a military flag,
22or both, on or within the limited common areas and facilities
23of a unit owner or on the immediately adjacent exterior of the
24building in which the unit of a unit owner is located. A board

 

 

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1may adopt reasonable rules and regulations, consistent with
2Sections 4 through 10 of Chapter 1 of Title 4 of the United
3States Code, regarding the placement and manner of display of
4the American flag and a board may adopt reasonable rules and
5regulations regarding the placement and manner of display of a
6military flag. A board may not prohibit the installation of a
7flagpole for the display of the American flag or a military
8flag, or both, on or within the limited common areas and
9facilities of a unit owner or on the immediately adjacent
10exterior of the building in which the unit of a unit owner is
11located, but a board may adopt reasonable rules and
12regulations regarding the location and size of flagpoles.
13    (b) As used in this Section:
14    "American flag" means the flag of the United States (as
15defined in Section 1 of Chapter 1 of Title 4 of the United
16States Code and the Executive Orders entered in connection
17with that Section) made of fabric, cloth, or paper displayed
18from a staff or flagpole or in a window, but "American flag"
19does not include a depiction or emblem of the American flag
20made of lights, paint, roofing, siding, paving materials,
21flora, or balloons, or any other similar building,
22landscaping, or decorative component.
23    "Board" includes a board of managers or a board of a master
24association or a common interest community association.
25    "Military flag" means a flag of any branch of the United
26States armed forces or the Illinois National Guard and the

 

 

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1Honor and Remember Flag made of fabric, cloth, or paper
2displayed from a staff or flagpole or in a window, but
3"military flag" does not include a depiction or emblem of a
4military flag made of lights, paint, roofing, siding, paving
5materials, flora, or balloons, or any other similar building,
6landscaping, or decorative component.
7(Source: P.A. 93-481, eff. 1-1-04.)
 
8    Section 90. The State Mandates Act is amended by adding
9Section 8.47 as follows:
 
10    (30 ILCS 805/8.47 new)
11    Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and
128 of this Act, no reimbursement by the State is required for
13the implementation of any mandate created by this amendatory
14Act of the 103rd General Assembly.