HB2085 103RD GENERAL ASSEMBLY

LRB103 05258 HEP 50276 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2085

Introduced 2/7/2023, by Rep. Anne Stava-Murray

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.

A BILL FOR

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 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 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.