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| Public Act 103-0409 | ||||
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AN ACT concerning government.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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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.
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(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.
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Section 10. The Condominium Property Act is amended by | ||
changing Section 18.6 as follows:
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(765 ILCS 605/18.6)
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Sec. 18.6. Display of American flag or military flag.
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(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,
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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
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located, but a board may adopt reasonable rules and | ||
regulations regarding the
location
and size of flagpoles.
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(b) As used in this Section:
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"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,
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flora, or
balloons, or any other similar building, | ||
landscaping, or decorative component.
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"Board" includes a board of managers or a board of a master | ||
association or a
common interest community association.
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"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
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military flag made of lights, paint, roofing, siding, paving | ||
materials, flora,
or balloons, or
any other similar building, | ||
landscaping, or decorative component.
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(Source: P.A. 93-481, eff. 1-1-04.)
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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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