Sen. Julie A. Morrison
Filed: 2/15/2024
 
 

 
 

 
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1
AMENDMENT TO SENATE BILL 2849 

2    AMENDMENT NO. ______. Amend Senate Bill 2849 by replacing 
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Aeronautics Act is amended by 
5changing 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 
10used for flight in the air that is operated without the 
11possibility of direct human intervention within or on the 
12device.
13    "Unmanned aircraft system" means an unmanned aircraft and 
14its associated elements, including communication links and the 
15components that control the unmanned aircraft, that are 
16required for the safe and efficient operation of the unmanned 
 
 
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1aircraft in the National Airspace System national airspace 
2system.
3    (b) Except as otherwise provided in this Section, to To 
4the extent that State-level oversight does not conflict with 
5federal laws, rules, or regulations, the regulation of an 
6unmanned aircraft system is an exclusive power and function of 
7the State. No unit of local government, including home rule 
8unit, may enact an ordinance or resolution to regulate 
9unmanned aircraft systems. This Section is a denial and 
10limitation of home rule powers and functions under subsection 
11(h) of Section 6 of Article VII of the Illinois Constitution. 
12This Section does not apply to any local ordinance enacted by a 
13municipality of more than 1,000,000 inhabitants.
14    (b-5) Nothing in this Section shall be construed to deny a 
15unit of local government the right to adopt reasonable rules 
16related to the use by a private party of airspace that is above 
17ground level of public property owned or controlled by that 
18unit of local government. This subsection applies to publicly 
19owned or controlled property that is intended or permitted to 
20be used for recreational or conservation purposes, including, 
21but not limited to, parks, playgrounds, aquatic facilities, 
22wildlife areas, or other recreational facilities. Reasonable 
23rules adopted pursuant to this subsection shall not supersede 
24any administrative rules adopted by the Department or any 
25federal laws, rules, or regulations. 
26    (c) Nothing in this Section shall infringe or impede any 
 
 
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1current right or remedy available under existing State law.
2    (d) The Department may adopt any rules that it finds 
3appropriate to address the safe and legal operation of 
4unmanned aircraft systems in this State, so that those engaged 
5in the operation of unmanned aircraft systems may so engage 
6with the least possible restriction, consistent with their 
7safety and with the safety and the rights of others, and in 
8compliance with federal rules and regulations. 
9(Source: P.A. 100-735, eff. 8-3-18.)
 
10    Section 99. Effective date. This Act takes effect upon 
11becoming law.".