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Public Act 103-0409
Public Act 0409 103RD GENERAL ASSEMBLY
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Public Act 103-0409
| | SB1072 Enrolled | LRB103 05971 DTM 50993 b |
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| AN ACT concerning government.
| Be it enacted by the People of the State of Illinois, | represented in the General Assembly:
| Section 5. The Flag Display Act is amended by changing | Section 10 and adding Section 16 as follows:
| (5 ILCS 465/10) | Sec. 10. Death of resident military member, law | enforcement officer, firefighter, or members of EMS crews. | (a) The Governor shall issue an official notice to fly the | following flags at half-staff upon the death of a resident of | this State killed (i) by hostile fire as a member of the United | States armed forces, (ii) in the line of duty as a law | enforcement officer, (iii) in the line of duty as a | firefighter, (iv) in the line of duty as a member of an | Emergency Medical Services (EMS) crew, or (v) during on duty | training for active military duty: the United States national | flag, the State flag of Illinois, and, in the case of the death | of the member of the United States armed forces, the | appropriate military flag as defined in subsection (b) of | Section 18.6 of the Condominium Property Act and the Honor and | Remember Flag designated under Section 16 of this Act. Upon | the Governor's notice, each person or entity required by this | Act to ensure the display of the United States national flag on |
| a flagstaff shall ensure that the flags described in the | notice are displayed at half-staff on the day designated for | the resident's funeral and the 2 days preceding that day. | (b) The Department of Veterans' Affairs shall notify the | Governor of the death by hostile fire of an Illinois resident | member of the United States armed forces. In lieu of notice | being provided by the Department of Veterans' Affairs, any | other State or Federal entity, agency, or person holding such | information may notify the Governor of the death by hostile | fire of an Illinois resident member of the United States armed | forces. If such notice is provided to the Governor by an | entity, agency, or person other than the Department of | Veterans' Affairs, then the obligation to notify the Governor | of an Illinois resident soldier's death under this subsection | (b) shall be considered fulfilled. The Illinois State Police | shall notify the Governor of the death in the line of duty of | an Illinois resident law enforcement officer. The Office of | the State Fire Marshal shall notify the Governor of the death | in the line of duty of an Illinois resident firefighter. The | Department of Public Health shall notify the Governor of the | death in the line of duty of an Illinois resident member of an | Emergency Medical Services (EMS) crew. Notice to the Governor | shall include at least the resident's name and Illinois | address, the date designated for the funeral, and the | circumstances of the death. | (c) For the purpose of this Section, the United States |
| armed forces includes: (i) the United States Army, Navy, | Marine Corps, Air Force, and Coast Guard; (ii) any reserve | component of each of the forces listed in item (i); and (iii) | the National Guard. | (d) Nothing in this Section requires the removal or | relocation of any existing flags currently displayed in the | State. This Section does not apply to a State facility if the | requirements of this Section cannot be satisfied without a | physical modification to that facility.
| (Source: P.A. 102-538, eff. 8-20-21.)
| (5 ILCS 465/16 new) | Sec. 16. Honor and Remember Flag. | (a) The Honor and Remember Flag is designated as the | symbol of the State's concern for and commitment to honoring | and remembering the lives of all members of the United States | armed forces who have lost their lives while serving or as a | result of service and their families. | (b) The Honor and Remember Flag shall be displayed at the | locations specified in subsection (c) of this Section on the | following days: | (1) Armed Forces Day, the third Saturday in May. | (2) Memorial Day, the last Monday in May. | (3) Flag Day, June 14. | (4) Fourth of July. | (5) National POW/MIA Recognition Day, the third Friday |
| of September. | (6) Gold Star Mother's Day, the last Sunday of | September. | (7) Veterans Day, November 11. | (8) Whenever there is a State military casualty. | The Honor and Remember Flag should be displayed at all | State military memorials and State veteran cemeteries whenever | the flag of the United States is flown. | (c) The Honor and Remember Flag shall be displayed at the | State Capitol and the locations designated in Sections 1, 2, | and 3b of this Act in the manner specified by those Sections.
| Section 10. The Condominium Property Act is amended by | changing Section 18.6 as follows:
| (765 ILCS 605/18.6)
| Sec. 18.6. Display of American flag or military flag.
| (a) Notwithstanding any provision in the declaration, | bylaws, rules,
regulations, or
agreements or other instruments | of a condominium association or a master
association or
a | common interest community association or a board's | construction of any of
those
instruments,
a board may not | prohibit the display of the American flag or a military flag,
| or both, on or within the
limited common areas and facilities | of a unit owner or on the immediately
adjacent
exterior of the | building in which the unit of a unit owner is located. A board
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| may adopt
reasonable rules and regulations, consistent with | Sections 4 through 10 of
Chapter 1 of
Title 4 of the United | States Code, regarding the placement and manner of
display of | the
American flag and a board may adopt reasonable rules and | regulations
regarding the placement and manner of display of a | military flag. A board may
not prohibit the installation of a | flagpole for the display of
the American flag or a military | flag, or both, on or within the limited common
areas and | facilities of a
unit owner or
on the immediately adjacent | exterior of the building in which the unit of a
unit owner is
| located, but a board may adopt reasonable rules and | regulations regarding the
location
and size of flagpoles.
| (b) As used in this Section:
| "American flag" means the flag of the United States (as | defined in Section 1
of
Chapter 1 of Title 4 of the United | States Code and the Executive Orders entered
in
connection | with that Section) made of fabric, cloth, or paper displayed | from a
staff or
flagpole or in a window, but "American flag" | does not include a depiction or
emblem of
the American flag | made of lights, paint, roofing, siding, paving materials,
| flora, or
balloons, or any other similar building, | landscaping, or decorative component.
| "Board" includes a board of managers or a board of a master | association or a
common interest community association.
| "Military flag" means a flag of any branch of the United | States armed
forces
or
the Illinois National Guard and the |
| Honor and Remember Flag made of fabric, cloth, or paper | displayed from a
staff or
flagpole or in a window, but | "military flag" does not include a depiction or
emblem of a
| military flag made of lights, paint, roofing, siding, paving | materials, flora,
or balloons, or
any other similar building, | landscaping, or decorative component.
| (Source: P.A. 93-481, eff. 1-1-04.)
| Section 90. The State Mandates Act is amended by adding | Section 8.47 as follows:
| (30 ILCS 805/8.47 new) | Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and | 8 of this Act, no reimbursement by the State is required for | the implementation of any mandate created by this amendatory | Act of the 103rd General Assembly.
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Effective Date: 1/1/2024
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