Bill Text: IL SB2849 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Amends the Illinois Aeronautics Act. In provisions concerning the regulation of unmanned aircraft systems, provides that nothing in those provisions shall be construed to deny a unit of local government the right to adopt reasonable rules related to the use by a private party of airspace that is above ground level of public property owned or controlled by that unit of local government. Provides that the provisions apply to 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 pursuant to the provisions do not supersede any administrative rules adopted by the Department of Transportation or any federal laws, rules, or regulations. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed) 2024-05-08 - Placed on Calendar 2nd Reading - Short Debate [SB2849 Detail]

Download: Illinois-2023-SB2849-Engrossed.html

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AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Aeronautics Act is amended by
changing Section 42.1 as follows:
(620 ILCS 5/42.1)
Sec. 42.1. Regulation of unmanned aircraft systems.
(a) As used in this Section:
"Unmanned aircraft" means a device used or intended to be
used for flight in the air that is operated without the
possibility of direct human intervention within or on the
device.
"Unmanned aircraft system" means an unmanned aircraft and
its associated elements, including communication links and the
components that control the unmanned aircraft, that are
required for the safe and efficient operation of the unmanned
aircraft in the National Airspace System national airspace
system.
(b) Except as otherwise provided in this Section, to To
the extent that State-level oversight does not conflict with
federal laws, rules, or regulations, the regulation of an
unmanned aircraft system is an exclusive power and function of
the State. No unit of local government, including home rule

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unit, may enact an ordinance or resolution to regulate
unmanned aircraft systems. This Section is a denial and
limitation of home rule powers and functions under subsection
(h) of Section 6 of Article VII of the Illinois Constitution.
This Section does not apply to any local ordinance enacted by a
municipality of more than 1,000,000 inhabitants.
(b-5) Nothing in this Section shall be construed to deny a
unit of local government the right to adopt reasonable rules
related to the use by a private party of airspace that is above
ground level of public property owned or controlled by that
unit of local government. This subsection applies to 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. Reasonable
rules adopted pursuant to this subsection shall not supersede
any administrative rules adopted by the Department or any
federal laws, rules, or regulations.
(c) Nothing in this Section shall infringe or impede any
current right or remedy available under existing State law.
(d) The Department may adopt any rules that it finds
appropriate to address the safe and legal operation of
unmanned aircraft systems in this State, so that those engaged
in the operation of unmanned aircraft systems may so engage
with the least possible restriction, consistent with their
safety and with the safety and the rights of others, and in

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compliance with federal rules and regulations.
(Source: P.A. 100-735, eff. 8-3-18.)