Illinois 2023-2024 Regular Session

Illinois House Bill HB4715 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	HB4715 EngrossedLRB103 36099 MXP 66189 b HB4715 Engrossed LRB103 36099 MXP 66189 b
2		-	HB4715 Engrossed LRB103 36099 MXP 66189 b
	1	+	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
	2	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4715 Introduced , by Rep. Robert "Bob" Rita SYNOPSIS AS INTRODUCED:
	3	+	620 ILCS 5/42.1 620 ILCS 5/42.1
	4	+	620 ILCS 5/42.1
	5	+	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.
	6	+	LRB103 36099 MXP 66189 b LRB103 36099 MXP 66189 b
	7	+	LRB103 36099 MXP 66189 b
	8	+	A BILL FOR
	9	+	HB4715LRB103 36099 MXP 66189 b HB4715 LRB103 36099 MXP 66189 b
	10	+	HB4715 LRB103 36099 MXP 66189 b
3	11		1 AN ACT concerning transportation.
4	12		2 Be it enacted by the People of the State of Illinois,
5	13		3 represented in the General Assembly:
6	14		4 Section 5. The Illinois Aeronautics Act is amended by
7	15		5 changing Section 42.1 as follows:
8	16		6 (620 ILCS 5/42.1)
9	17		7 Sec. 42.1. Regulation of unmanned aircraft systems.
10	18		8 (a) As used in this Section:
11		-	9 "~~Critical infrastructure~~" ~~has the meaning given in~~
12		-	10 ~~subsection (e) of Section 1016 of~~ the ~~USA Patriot Act of 2001~~
13		-	11 ~~(42 U.S.C. 519c(e)).~~
14		-	12 ~~"Unmanned aircraft" means a~~ device ~~used or intended to be~~
15		-	13 ~~used for flight in the air that is operated without the~~
16		-	14 ~~possibility of direct human intervention within or on~~ the
17		-	15 ~~device.~~
18		-	16 ~~"Unmanned aircraft system"~~ ~~means an~~ unmanned ~~aircraft and~~
19		-	17 ~~its associated elements, including communication links and~~ the
20		-	18 ~~components that control the unmanned aircraft, that are~~
21		-	19 ~~required for the safe and efficient operation of the unmanned~~
22		-	20 ~~aircraft in~~ the ~~National Airspace System national airspace~~
23		-	21 ~~system.~~
24		-	22 ~~(b) Except as otherwise provided in this Section,~~ ~~to To~~
25		-	23 the ~~extent that State-level~~ ~~oversight does not conflict with~~
	19	+	9 "Unmanned aircraft" means a device used or intended to be
	20	+	10 used for flight in the air that is operated without the
	21	+	11 possibility of direct human intervention within or on the
	22	+	12 device.
	23	+	13 "Unmanned aircraft system" means an unmanned aircraft and
	24	+	14 its associated elements, including communication links and the
	25	+	15 components that control the unmanned aircraft, that are
	26	+	16 required for the safe and efficient operation of the unmanned
	27	+	17 aircraft in the National Airspace System national airspace
	28	+	18 system.
	29	+	19 (b) Except as otherwise provided in this Section, to To
	30	+	20 the extent that State-level oversight does not conflict with
	31	+	21 federal laws, rules, or regulations, the regulation of an
	32	+	22 unmanned aircraft system is an exclusive power and function of
	33	+	23 the State. No unit of local government, including home rule
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34		-	1 federal laws, rules, or regulations, the regulation of an
35		-	2 unmanned aircraft system is an exclusive power and function of
36		-	3 the State. No unit of local government, including home rule
37		-	4 unit, may enact an ordinance or resolution to regulate
38		-	5 unmanned aircraft systems. This Section is a denial and
39		-	6 limitation of home rule powers and functions under subsection
40		-	7 (h) of Section 6 of Article VII of the Illinois Constitution.
41		-	8 This Section does not apply to any local ordinance enacted by a
42		-	9 municipality of more than 1,000,000 inhabitants.
43		-	10 (b-5) Nothing in this Section shall be construed to deny a
44		-	11 unit of local government the right to adopt reasonable rules
45		-	12 related to the use by a private party of airspace that is above
46		-	13 ground level of public property owned or controlled by that
47		-	14 unit of local government. This subsection applies to publicly
48		-	15 owned or controlled property that is intended or permitted to
49		-	16 be used for recreational or conservation purposes, including,
50		-	17 but not limited to, parks, playgrounds, aquatic facilities,
51		-	18 wildlife areas, or other recreational facilities. This
52		-	19 subsection does not authorize restricting or limiting the use
53		-	20 of unmanned aircraft systems when such usage is by commercial
54		-	21 users for business operations in connection with critical
55		-	22 infrastructure. Reasonable rules adopted pursuant to this
56		-	23 subsection shall not supersede any administrative rules
57		-	24 adopted by the Department or any federal laws, rules, or
58		-	25 regulations.
59		-	26 (c) Nothing in this Section shall infringe or impede any
	37	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4715 Introduced , by Rep. Robert "Bob" Rita SYNOPSIS AS INTRODUCED:
	38	+	620 ILCS 5/42.1 620 ILCS 5/42.1
	39	+	620 ILCS 5/42.1
	40	+	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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	43	+	A BILL FOR
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	49	+	620 ILCS 5/42.1
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	68	+	1 unit, may enact an ordinance or resolution to regulate
	69	+	2 unmanned aircraft systems. This Section is a denial and
	70	+	3 limitation of home rule powers and functions under subsection
	71	+	4 (h) of Section 6 of Article VII of the Illinois Constitution.
	72	+	5 This Section does not apply to any local ordinance enacted by a
	73	+	6 municipality of more than 1,000,000 inhabitants.
	74	+	7 (b-1) Nothing in this Section shall be construed to deny a
	75	+	8 unit of local government the right to adopt reasonable rules
	76	+	9 related to the use by a private party of the first 150 feet of
	77	+	10 airspace that is above ground level of public property owned
	78	+	11 or controlled by that unit of local government. This
	79	+	12 subsection shall apply to publicly owned or controlled
	80	+	13 property that is intended or permitted to be used for
	81	+	14 recreational or conservation purposes, including, but not
	82	+	15 limited to, parks, playgrounds, aquatic facilities, wildlife
	83	+	16 areas, or other recreational facilities. Reasonable rules
	84	+	17 adopted pursuant to this subsection shall not supersede any
	85	+	18 administrative rules adopted by the Department.
	86	+	19 (c) Nothing in this Section shall infringe or impede any
	87	+	20 current right or remedy available under existing State law.
	88	+	21 (d) The Department may adopt any rules that it finds
	89	+	22 appropriate to address the safe and legal operation of
	90	+	23 unmanned aircraft systems in this State, so that those engaged
	91	+	24 in the operation of unmanned aircraft systems may so engage
	92	+	25 with the least possible restriction, consistent with their
	93	+	26 safety and with the safety and the rights of others, and in
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	104	+	1 compliance with federal rules and regulations.
	105	+	2 (Source: P.A. 100-735, eff. 8-3-18.)
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	111	+	HB4715 - 3 - LRB103 36099 MXP 66189 b