093_HB2997

 
                                     LRB093 06756 WGH 06891 b

 1        AN ACT concerning the American flag.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The General Not For Profit Corporation Act of
 5    1986 is amended by adding Section 103.30 as follows:

 6        (805 ILCS 105/103.30 new)
 7        Sec. 103.30.  Homeowners' association; American flag.
 8        (a)  Notwithstanding any provision in  the  association's
 9    declaration,  covenants, bylaws, rules, regulations, or other
10    instruments or any construction of any of  those  instruments
11    by   an  association's  board  of  directors,  a  homeowners'
12    association incorporated under this Act may not prohibit  the
13    outdoor  display  of the American flag by a homeowner on that
14    homeowner's property if the American flag is displayed  in  a
15    manner  consistent with Sections 4 through 10 of Chapter 1 of
16    Title 4 of the United States Code. An association  may  adopt
17    reasonable  rules and regulations, consistent with Sections 4
18    through 10 of Chapter 1 of Title 4 of the United States Code,
19    regarding the placement and manner of display of the American
20    flag. An association may not prohibit the installation  of  a
21    flagpole  for  the  display  of  the  American  flag, but the
22    association  may  adopt  reasonable  rules  and   regulations
23    regarding the location and size of flagpoles.
24        (b)  As used in this Section:
25        "American  flag"  means the flag of the United States (as
26    defined in Section 1 of Chapter 1 of Title 4  of  the  United
27    States  Code  and  the Executive Orders entered in connection
28    with that Section) made of fabric, cloth, or paper  displayed
29    from  a staff or flagpole or in a window, but "American flag"
30    does not include a depiction or emblem of the  American  flag
31    made  of  lights,  paint,  roofing, siding, paving materials,
 
                            -2-      LRB093 06756 WGH 06891 b
 1    flora,  or  balloons,  or   any   other   similar   building,
 2    landscaping, or decorative component.
 3        "Homeowners'  association"  includes  a  property owners'
 4    association, townhome association, and  any  similar  entity,
 5    and "homeowner" includes a townhome owner.

 6        Section  99.  Effective date.  This Act takes effect upon
 7    becoming law.