093_SB1147ham001 LRB093 09616 RLC 15078 a 1 AMENDMENT TO SENATE BILL 1147 2 AMENDMENT NO. . Amend Senate Bill 1147 by replacing 3 the title with the following: 4 "AN ACT concerning flags."; and 5 by replacing everything after the enacting clause with the 6 following: 7 "Section 5. The Condominium Property Act is amended by 8 adding Section 18.6 as follows: 9 (765 ILCS 605/18.6 new) 10 Sec. 18.6. Display of American flag or military flag. 11 (a) Notwithstanding any provision in the declaration, 12 bylaws, rules, regulations, or agreements or other 13 instruments of a condominium association or a master 14 association or a common interest community association or a 15 board's construction of any of those instruments, a board may 16 not prohibit the display of the American flag or a military 17 flag, or both, on or within the limited common areas and 18 facilities of a unit owner or on the immediately adjacent 19 exterior of the building in which the unit of a unit owner is 20 located. A board may adopt reasonable rules and regulations, 21 consistent with Sections 4 through 10 of Chapter 1 of Title 4 -2- LRB093 09616 RLC 15078 a 1 of the United States Code, regarding the placement and manner 2 of display of the American flag and a board may adopt 3 reasonable rules and regulations regarding the placement and 4 manner of display of a military flag. A board may not 5 prohibit the installation of a flagpole for the display of 6 the American flag or a military flag, or both, on or within 7 the limited common areas and facilities of a unit owner or on 8 the immediately adjacent exterior of the building in which 9 the unit of a unit owner is located, but a board may adopt 10 reasonable rules and regulations regarding the location and 11 size of flagpoles. 12 (b) As used in this Section: 13 "American flag" means the flag of the United States (as 14 defined in Section 1 of Chapter 1 of Title 4 of the United 15 States Code and the Executive Orders entered in connection 16 with that Section) made of fabric, cloth, or paper displayed 17 from a staff or flagpole or in a window, but "American flag" 18 does not include a depiction or emblem of the American flag 19 made of lights, paint, roofing, siding, paving materials, 20 flora, or balloons, or any other similar building, 21 landscaping, or decorative component. 22 "Board" includes a board of managers or a board of a 23 master association or a common interest community 24 association. 25 "Military flag" means a flag of any branch of the United 26 States armed forces or the Illinois National Guard made of 27 fabric, cloth, or paper displayed from a staff or flagpole or 28 in a window, but "military flag" does not include a depiction 29 or emblem of a military flag made of lights, paint, roofing, 30 siding, paving materials, flora, or balloons, or any other 31 similar building, landscaping, or decorative component. 32 Section 10. The General Not For Profit Corporation Act 33 of 1986 is amended by adding Section 103.30 as follows: -3- LRB093 09616 RLC 15078 a 1 (805 ILCS 105/103.30 new) 2 Sec. 103.30. Homeowners' association; American flag or 3 military flag. 4 (a) Notwithstanding any provision in the association's 5 declaration, covenants, bylaws, rules, regulations, or other 6 instruments or any construction of any of those instruments 7 by an association's board of directors, a homeowners' 8 association incorporated under this Act may not prohibit the 9 outdoor display of the American flag or a military flag, or 10 both, by a homeowner on that homeowner's property if the 11 American flag is displayed in a manner consistent with 12 Sections 4 through 10 of Chapter 1 of Title 4 of the United 13 States Code and a military flag is displayed in accordance 14 with any reasonable rules and regulations adopted by the 15 association. An association may adopt reasonable rules and 16 regulations, consistent with Sections 4 through 10 of Chapter 17 1 of Title 4 of the United States Code, regarding the 18 placement and manner of display of the American flag and an 19 association may adopt reasonable rules and regulations 20 regarding the placement and manner of display of a military 21 flag. An association may not prohibit the installation of a 22 flagpole for the display of the American flag or a military 23 flag, or both, but the association may adopt reasonable rules 24 and regulations regarding the location and size of flagpoles. 25 (b) As used in this Section: 26 "American flag" means the flag of the United States (as 27 defined in Section 1 of Chapter 1 of Title 4 of the United 28 States Code and the Executive Orders entered in connection 29 with that Section) made of fabric, cloth, or paper displayed 30 from a staff or flagpole or in a window, but "American flag" 31 does not include a depiction or emblem of the American flag 32 made of lights, paint, roofing, siding, paving materials, 33 flora, or balloons, or any other similar building, 34 landscaping, or decorative component. -4- LRB093 09616 RLC 15078 a 1 "Homeowners' association" includes a property owners' 2 association, townhome association, and any similar entity, 3 and "homeowner" includes a townhome owner. 4 "Military flag" means a flag of any branch of the United 5 States armed forces or the Illinois National Guard made of 6 fabric, cloth, or paper displayed from a staff or flagpole or 7 in a window, but "military flag" does not include a depiction 8 or emblem of a military flag made of lights, paint, roofing, 9 siding, paving materials, flora, or balloons, or any other 10 similar building, landscaping, or decorative component.".