Bill Text: IL HB4715 | 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 7-0)

Status: (Engrossed) 2024-06-26 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [HB4715 Detail]

Download: Illinois-2023-HB4715-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:
"Critical infrastructure" has the meaning given in
subsection (e) of Section 1016 of the USA Patriot Act of 2001
(42 U.S.C. 519c(e)).
"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

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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
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. This
subsection does not authorize restricting or limiting the use
of unmanned aircraft systems when such usage is by commercial
users for business operations in connection with critical
infrastructure. 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

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