Bill Text: IL SB1981 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Illinois Aeronautics Act. Defines "National Airspace System". Provides that State-level oversight of unmanned aircraft systems does not deprive any unit of local government of the right to or impede any unit of local government in regulating the use of the first 150 feet above ground level of any public property intended or permitted to be used for recreational or conservation purposes. Effective Immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-03-10 - Rule 3-9(a) / Re-referred to Assignments [SB1981 Detail]

Download: Illinois-2023-SB1981-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1981 Introduced 2/9/2023, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED:
620 ILCS 5/42.1
Amends the Illinois Aeronautics Act. Defines "National Airspace System". Provides that State-level oversight of unmanned aircraft systems does not deprive any unit of local government of the right to or impede any unit of local government in regulating the use of the first 150 feet above ground level of any public property intended or permitted to be used for recreational or conservation purposes. Effective Immediately.
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A BILL FOR
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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:
"National Airspace System" means that airspace above
ground level, not used by the property owner, and over which
the federal government and the State of Illinois have
regulatory authority. "National Airspace System" does not
include the first 150 feet above ground level of any public
property that is used for recreational or conservation
purposes, including, but not limited to, parks, playgrounds,
open areas, buildings or other enclosed recreational
facilities.
"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

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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 a home rule
unit, may enact an ordinance or resolution to regulate
unmanned aircraft systems in the National Airspace System.
Nothing in this Section deprives a unit of local government of
the right to regulate or impedes a unit of local government in
regulating the use of the first 150 feet above ground level of
any public property intended or permitted to be used for
recreational or conservation purposes, including, but not
limited to, parks, playgrounds, open areas, buildings, or
other enclosed recreational facilities. 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.
(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

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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
compliance with federal rules and regulations.
(Source: P.A. 100-735, eff. 8-3-18.)
Section 99. Effective date. This Act takes effect upon
becoming law.