103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4715 Introduced , by Rep. Robert "Bob" Rita 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. LRB103 36099 MXP 66189 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4715 Introduced , by Rep. Robert "Bob" Rita SYNOPSIS AS INTRODUCED: 620 ILCS 5/42.1 620 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. LRB103 36099 MXP 66189 b LRB103 36099 MXP 66189 b A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4715 Introduced , by Rep. Robert "Bob" Rita SYNOPSIS AS INTRODUCED:
620 ILCS 5/42.1 620 ILCS 5/42.1
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.
LRB103 36099 MXP 66189 b LRB103 36099 MXP 66189 b
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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,
3 represented in the General Assembly:
4 Section 5. The Illinois Aeronautics Act is amended by
5 changing 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
10 used for flight in the air that is operated without the
11 possibility of direct human intervention within or on the
12 device.
13 "Unmanned aircraft system" means an unmanned aircraft and
14 its associated elements, including communication links and the
15 components that control the unmanned aircraft, that are
16 required for the safe and efficient operation of the unmanned
17 aircraft in the National Airspace System national airspace
18 system.
19 (b) Except as otherwise provided in this Section, to To
20 the extent that State-level oversight does not conflict with
21 federal laws, rules, or regulations, the regulation of an
22 unmanned aircraft system is an exclusive power and function of
23 the State. No unit of local government, including home rule
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4715 Introduced , by Rep. Robert "Bob" Rita SYNOPSIS AS INTRODUCED:
620 ILCS 5/42.1 620 ILCS 5/42.1
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.
LRB103 36099 MXP 66189 b LRB103 36099 MXP 66189 b
LRB103 36099 MXP 66189 b
A BILL FOR
620 ILCS 5/42.1
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1 unit, may enact an ordinance or resolution to regulate
2 unmanned aircraft systems. This Section is a denial and
3 limitation of home rule powers and functions under subsection
4 (h) of Section 6 of Article VII of the Illinois Constitution.
5 This Section does not apply to any local ordinance enacted by a
6 municipality of more than 1,000,000 inhabitants.
7 (b-1) Nothing in this Section shall be construed to deny a
8 unit of local government the right to adopt reasonable rules
9 related to the use by a private party of the first 150 feet of
10 airspace that is above ground level of public property owned
11 or controlled by that unit of local government. This
12 subsection shall apply to publicly owned or controlled
13 property that is intended or permitted to be used for
14 recreational or conservation purposes, including, but not
15 limited to, parks, playgrounds, aquatic facilities, wildlife
16 areas, or other recreational facilities. Reasonable rules
17 adopted pursuant to this subsection shall not supersede any
18 administrative rules adopted by the Department.
19 (c) Nothing in this Section shall infringe or impede any
20 current right or remedy available under existing State law.
21 (d) The Department may adopt any rules that it finds
22 appropriate to address the safe and legal operation of
23 unmanned aircraft systems in this State, so that those engaged
24 in the operation of unmanned aircraft systems may so engage
25 with the least possible restriction, consistent with their
26 safety and with the safety and the rights of others, and in
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1 compliance with federal rules and regulations.
2 (Source: P.A. 100-735, eff. 8-3-18.)
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