Public Act 103-0409
 
SB1072 EnrolledLRB103 05971 DTM 50993 b



    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

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.


Effective Date:  1/1/2024