Sen. Sue Rezin

Filed: 5/2/2023

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1072

2    AMENDMENT NO. ______. Amend Senate Bill 1072 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1flag, the State flag of Illinois, and, in the case of the death
2of the member of the United States armed forces, the
3appropriate military flag as defined in subsection (b) of
4Section 18.6 of the Condominium Property Act and the Honor and
5Remember Flag designated under Section 16 of this Act. Upon
6the Governor's notice, each person or entity required by this
7Act to ensure the display of the United States national flag on
8a flagstaff shall ensure that the flags described in the
9notice are displayed at half-staff on the day designated for
10the resident's funeral and the 2 days preceding that day.
11    (b) The Department of Veterans' Affairs shall notify the
12Governor of the death by hostile fire of an Illinois resident
13member of the United States armed forces. In lieu of notice
14being provided by the Department of Veterans' Affairs, any
15other State or Federal entity, agency, or person holding such
16information may notify the Governor of the death by hostile
17fire of an Illinois resident member of the United States armed
18forces. If such notice is provided to the Governor by an
19entity, agency, or person other than the Department of
20Veterans' Affairs, then the obligation to notify the Governor
21of an Illinois resident soldier's death under this subsection
22(b) shall be considered fulfilled. The Illinois State Police
23shall notify the Governor of the death in the line of duty of
24an Illinois resident law enforcement officer. The Office of
25the State Fire Marshal shall notify the Governor of the death
26in the line of duty of an Illinois resident firefighter. The

 

 

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1Department of Public Health shall notify the Governor of the
2death in the line of duty of an Illinois resident member of an
3Emergency Medical Services (EMS) crew. Notice to the Governor
4shall include at least the resident's name and Illinois
5address, the date designated for the funeral, and the
6circumstances of the death.
7    (c) For the purpose of this Section, the United States
8armed forces includes: (i) the United States Army, Navy,
9Marine Corps, Air Force, and Coast Guard; (ii) any reserve
10component of each of the forces listed in item (i); and (iii)
11the National Guard.
12    (d) Nothing in this Section requires the removal or
13relocation of any existing flags currently displayed in the
14State. This Section does not apply to a State facility if the
15requirements of this Section cannot be satisfied without a
16physical modification to that facility.
17(Source: P.A. 102-538, eff. 8-20-21.)
 
18    (5 ILCS 465/16 new)
19    Sec. 16. Honor and Remember Flag.
20    (a) The Honor and Remember Flag is designated as the
21symbol of the State's concern for and commitment to honoring
22and remembering the lives of all members of the United States
23armed forces who have lost their lives while serving or as a
24result of service and their families.
25    (b) The Honor and Remember Flag shall be displayed at the

 

 

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1locations specified in subsection (c) of this Section on the
2following days:
3        (1) Armed Forces Day, the third Saturday in May.
4        (2) Memorial Day, the last Monday in May.
5        (3) Flag Day, June 14.
6        (4) Fourth of July.
7        (5) National POW/MIA Recognition Day, the third Friday
8    of September.
9        (6) Gold Star Mother's Day, the last Sunday of
10    September.
11        (7) Veterans Day, November 11.
12        (8) Whenever there is a State military casualty.
13    The Honor and Remember Flag should be displayed at all
14State military memorials and State veteran cemeteries whenever
15the flag of the United States is flown.
16    (c) The Honor and Remember Flag shall be displayed at the
17State Capitol and the locations designated in Sections 1, 2,
18and 3b of this Act in the manner specified by those Sections.
 
19    Section 10. The Condominium Property Act is amended by
20changing Section 18.6 as follows:
 
21    (765 ILCS 605/18.6)
22    Sec. 18.6. Display of American flag or military flag.
23    (a) Notwithstanding any provision in the declaration,
24bylaws, rules, regulations, or agreements or other instruments

 

 

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

 

 

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1made of lights, paint, roofing, siding, paving materials,
2flora, or balloons, or any other similar building,
3landscaping, or decorative component.
4    "Board" includes a board of managers or a board of a master
5association or a common interest community association.
6    "Military flag" means a flag of any branch of the United
7States armed forces or the Illinois National Guard and the
8Honor and Remember Flag made of fabric, cloth, or paper
9displayed from a staff or flagpole or in a window, but
10"military flag" does not include a depiction or emblem of a
11military flag made of lights, paint, roofing, siding, paving
12materials, flora, or balloons, or any other similar building,
13landscaping, or decorative component.
14(Source: P.A. 93-481, eff. 1-1-04.)
 
15    Section 90. The State Mandates Act is amended by adding
16Section 8.47 as follows:
 
17    (30 ILCS 805/8.47 new)
18    Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and
198 of this Act, no reimbursement by the State is required for
20the implementation of any mandate created by this amendatory
21Act of the 103rd General Assembly.".