103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2849
 
Introduced 1/19/2024, by Sen. Julie A. Morrison
 
SYNOPSIS AS INTRODUCED:

620 ILCS 5/42.1
 Amends the Illinois Aeronautics Act. Allows a unit of local government to adopt reasonable rules related to the use of the first 150 feet of airspace that is above ground level of public property owned or controlled by that unit of local government. Establishes that a unit of local government may only adopt rules for publicly owned or controlled property that is intended or permitted to be used for recreational or conservation purposes, including, but not limited to, parks, playgrounds, aquatic facilities, wildlife areas, or other recreational facilities. Provides that reasonable rules adopted by a unit of local government shall not supersede any administrative rules adopted by the Department of Transportation. Effective immediately.


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A BILL FOR
 
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1 AN ACT concerning transportation.

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

4 Section 5. The Illinois Aeronautics Act is amended by 
5changing Section 42.1 as follows:

6 (620 ILCS 5/42.1)
7 Sec. 42.1. Regulation of unmanned aircraft systems.
8 (a) As used in this Section:
9 "Unmanned aircraft" means a device used or intended to be 
10used for flight in the air that is operated without the 
11possibility of direct human intervention within or on the 
12device.
13 "Unmanned aircraft system" means an unmanned aircraft and 
14its associated elements, including communication links and the 
15components that control the unmanned aircraft, that are 
16required for the safe and efficient operation of the unmanned 
17aircraft in the National Airspace System national airspace 
18system.
19 (b) Except as otherwise provided in this Section, to To 
20the extent that State-level oversight does not conflict with 
21federal laws, rules, or regulations, the regulation of an 
22unmanned aircraft system is an exclusive power and function of 
23the State. No unit of local government, including home rule 
 
 
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1unit, may enact an ordinance or resolution to regulate 
2unmanned aircraft systems. This Section is a denial and 
3limitation of home rule powers and functions under subsection 
4(h) of Section 6 of Article VII of the Illinois Constitution. 
5This Section does not apply to any local ordinance enacted by a 
6municipality of more than 1,000,000 inhabitants.
7 (b-1) Nothing in this Section shall be construed to deny a 
8unit of local government the right to adopt reasonable rules 
9related to the use by a private party of the first 150 feet of 
10airspace that is above ground level of public property owned 
11or controlled by that unit of local government. This 
12subsection shall apply to publicly owned or controlled 
13property that is intended or permitted to be used for 
14recreational or conservation purposes, including, but not 
15limited to, parks, playgrounds, aquatic facilities, wildlife 
16areas, or other recreational facilities. Reasonable rules 
17adopted pursuant to this subsection shall not supersede any 
18administrative rules adopted by the Department. 
19 (c) Nothing in this Section shall infringe or impede any 
20current right or remedy available under existing State law.
21 (d) The Department may adopt any rules that it finds 
22appropriate to address the safe and legal operation of 
23unmanned aircraft systems in this State, so that those engaged 
24in the operation of unmanned aircraft systems may so engage 
25with the least possible restriction, consistent with their 
26safety and with the safety and the rights of others, and in 
 
 
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1compliance with federal rules and regulations. 
2(Source: P.A. 100-735, eff. 8-3-18.)