Full Text of SB1072 103rd General Assembly
SB1072sam001 103RD GENERAL ASSEMBLY | 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 | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Flag Display Act is amended by changing | 5 | | Section 10 and adding Section 16 as follows: | 6 | | (5 ILCS 465/10) | 7 | | Sec. 10. Death of resident military member, law | 8 | | enforcement officer, firefighter, or members of EMS crews. | 9 | | (a) The Governor shall issue an official notice to fly the | 10 | | following flags at half-staff upon the death of a resident of | 11 | | this State killed (i) by hostile fire as a member of the United | 12 | | States armed forces, (ii) in the line of duty as a law | 13 | | enforcement officer, (iii) in the line of duty as a | 14 | | firefighter, (iv) in the line of duty as a member of an | 15 | | Emergency Medical Services (EMS) crew, or (v) during on duty | 16 | | training for active military duty: the United States national |
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| 1 | | flag, the State flag of Illinois, and, in the case of the death | 2 | | of the member of the United States armed forces, the | 3 | | appropriate military flag as defined in subsection (b) of | 4 | | Section 18.6 of the Condominium Property Act and the Honor and | 5 | | Remember Flag designated under Section 16 of this Act . Upon | 6 | | the Governor's notice, each person or entity required by this | 7 | | Act to ensure the display of the United States national flag on | 8 | | a flagstaff shall ensure that the flags described in the | 9 | | notice are displayed at half-staff on the day designated for | 10 | | the resident's funeral and the 2 days preceding that day. | 11 | | (b) The Department of Veterans' Affairs shall notify the | 12 | | Governor of the death by hostile fire of an Illinois resident | 13 | | member of the United States armed forces. In lieu of notice | 14 | | being provided by the Department of Veterans' Affairs, any | 15 | | other State or Federal entity, agency, or person holding such | 16 | | information may notify the Governor of the death by hostile | 17 | | fire of an Illinois resident member of the United States armed | 18 | | forces. If such notice is provided to the Governor by an | 19 | | entity, agency, or person other than the Department of | 20 | | Veterans' Affairs, then the obligation to notify the Governor | 21 | | of an Illinois resident soldier's death under this subsection | 22 | | (b) shall be considered fulfilled. The Illinois State Police | 23 | | shall notify the Governor of the death in the line of duty of | 24 | | an Illinois resident law enforcement officer. The Office of | 25 | | the State Fire Marshal shall notify the Governor of the death | 26 | | in the line of duty of an Illinois resident firefighter. The |
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| 1 | | Department of Public Health shall notify the Governor of the | 2 | | death in the line of duty of an Illinois resident member of an | 3 | | Emergency Medical Services (EMS) crew. Notice to the Governor | 4 | | shall include at least the resident's name and Illinois | 5 | | address, the date designated for the funeral, and the | 6 | | circumstances of the death. | 7 | | (c) For the purpose of this Section, the United States | 8 | | armed forces includes: (i) the United States Army, Navy, | 9 | | Marine Corps, Air Force, and Coast Guard; (ii) any reserve | 10 | | component of each of the forces listed in item (i); and (iii) | 11 | | the National Guard. | 12 | | (d) Nothing in this Section requires the removal or | 13 | | relocation of any existing flags currently displayed in the | 14 | | State. This Section does not apply to a State facility if the | 15 | | requirements of this Section cannot be satisfied without a | 16 | | physical 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 | 21 | | symbol of the State's concern for and commitment to honoring | 22 | | and remembering the lives of all members of the United States | 23 | | armed forces who have lost their lives while serving or as a | 24 | | result of service and their families. | 25 | | (b) The Honor and Remember Flag shall be displayed at the |
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| 1 | | locations specified in subsection (c) of this Section on the | 2 | | following 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 | 14 | | State military memorials and State veteran cemeteries whenever | 15 | | the flag of the United States is flown. | 16 | | (c) The Honor and Remember Flag shall be displayed at the | 17 | | State Capitol and the locations designated in Sections 1, 2, | 18 | | and 3b of this Act in the manner specified by those Sections.
| 19 | | Section 10. The Condominium Property Act is amended by | 20 | | changing 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, | 24 | | bylaws, rules,
regulations, or
agreements or other instruments |
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| 1 | | of a condominium association or a master
association or
a | 2 | | common interest community association or a board's | 3 | | construction of any of
those
instruments,
a board may not | 4 | | prohibit the display of the American flag or a military flag,
| 5 | | or both, on or within the
limited common areas and facilities | 6 | | of a unit owner or on the immediately
adjacent
exterior of the | 7 | | building in which the unit of a unit owner is located. A board
| 8 | | may adopt
reasonable rules and regulations, consistent with | 9 | | Sections 4 through 10 of
Chapter 1 of
Title 4 of the United | 10 | | States Code, regarding the placement and manner of
display of | 11 | | the
American flag and a board may adopt reasonable rules and | 12 | | regulations
regarding the placement and manner of display of a | 13 | | military flag. A board may
not prohibit the installation of a | 14 | | flagpole for the display of
the American flag or a military | 15 | | flag, or both, on or within the limited common
areas and | 16 | | facilities of a
unit owner or
on the immediately adjacent | 17 | | exterior of the building in which the unit of a
unit owner is
| 18 | | located, but a board may adopt reasonable rules and | 19 | | regulations 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 | 22 | | defined in Section 1
of
Chapter 1 of Title 4 of the United | 23 | | States Code and the Executive Orders entered
in
connection | 24 | | with that Section) made of fabric, cloth, or paper displayed | 25 | | from a
staff or
flagpole or in a window, but "American flag" | 26 | | does not include a depiction or
emblem of
the American flag |
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| 1 | | made of lights, paint, roofing, siding, paving materials,
| 2 | | flora, or
balloons, or any other similar building, | 3 | | landscaping, or decorative component.
| 4 | | "Board" includes a board of managers or a board of a master | 5 | | association or a
common interest community association.
| 6 | | "Military flag" means a flag of any branch of the United | 7 | | States armed
forces
or
the Illinois National Guard and the | 8 | | Honor and Remember Flag made of fabric, cloth, or paper | 9 | | displayed from a
staff or
flagpole or in a window, but | 10 | | "military flag" does not include a depiction or
emblem of a
| 11 | | military flag made of lights, paint, roofing, siding, paving | 12 | | materials, flora,
or balloons, or
any other similar building, | 13 | | landscaping, or decorative component.
| 14 | | (Source: P.A. 93-481, eff. 1-1-04.)
| 15 | | Section 90. The State Mandates Act is amended by adding | 16 | | Section 8.47 as follows: | 17 | | (30 ILCS 805/8.47 new) | 18 | | Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and | 19 | | 8 of this Act, no reimbursement by the State is required for | 20 | | the implementation of any mandate created by this amendatory | 21 | | Act of the 103rd General Assembly. ".
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