Bill
HB 2876
Illinois restricts flag displays on state property to only the U.S. and Illinois flags, banning other flags at state agencies and public schools.
Status and context
- Jurisdiction: Illinois (bill introduced in the 104th General Assembly).
- Introduced: February 6, 2025 (Rep. Chris Miller). The materials also include unrelated Arizona HB 2876 text (chiropractic regulatory changes) — this summary covers the Illinois flag bill.
- Bill reference changes: Amends the Flag Display Act by modifying 5 ILCS 465/1 and adding new Section 5 ILCS 465/12.
- Companion: SB 1074.
- Legislative actions in the provided record show movement through committee and House floor action (reading and House passage on May 10, 2025); earlier referrals were to committee(s) including Rules.
Purpose and intent
- The bill’s stated purpose is to restrict which flags may be displayed on State-owned property by prohibiting the display of flags other than the United States national flag and the State of Illinois flag.
Key provisions
- New statutory section (5 ILCS 465/12): “Other flags prohibited.” It provides a categorical prohibition: no State institution, including public school buildings, shall display any flags other than the national flag of the United States and the flag of the State of Illinois.
- Existing Flag Display Act language (5 ILCS 465/1) remains for county duties concerning the provision and display of a U.S. national flag at county courthouses; the bill text includes an earlier provision or editorial fragment concerning the optional display of an MIA/POW flag at a courthouse flagstaff, but the new Section 12 applies statewide to State institutions.
- No enforcement mechanism, penalties, exceptions (beyond the two authorized flags), or effective date are specified in the text excerpt provided.
Who and what would be affected
- Primary effect: State institutions — state agencies, state buildings, and explicitly “public school buildings” — would be barred from flying or displaying any flags other than the U.S. flag and Illinois state flag.
- Secondary effects: State colleges/universities, state courts, and other state-owned facilities would be subject to the restriction. Local governments’ county courthouse flag duties remain governed by Section 1, but the statewide prohibition may affect displays on other state-controlled sites.
- Organizations and communities that currently display other flags on state property (e.g., POW/MIA, military service flags, cultural/heritage flags, foreign national flags, organizational flags, commemorative or awareness flags such as Pride flags) would be restricted from doing so on State-owned property and in public school buildings.
Potential legal and practical considerations
- The bill narrows authorized government display to two flags only; because it imposes a content-based limitation on flags displayed by state entities, it could raise legal questions (e.g., First Amendment/government speech or free‑expression challenges). The bill text does not address constitutional defenses or carve-outs.
- The language in the excerpt does not include implementation details, enforcement procedures, or penalties for noncompliance; agencies would need administrative guidance to implement the prohibition.
- The bill may prompt local/state administrative changes (removal or replacement of flags) and potential litigation if contested.
Procedural notes
- Introduced in early February 2025 (House), referred to committee(s) (including Rules). The provided legislative-action timeline indicates committee hearings and House floor consideration, with recorded votes and passage in the House on May 10, 2025, per the supplied record. Check official legislative sources for the most current status (committee referrals, Senate companion action, enactment).
If you want, I can:
- Pull the exact, full bill text as enacted or currently in print from the Illinois General Assembly site;
- Draft a short memo on likely constitutional issues and recent case law relating to flag-display restrictions; or
- Prepare a one-page briefing for school administrators on compliance steps if the bill becomes law.
Compiled from official sources — confirm details with the bill’s official record.
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