Public Act 103-0925
 
SB2849 EnrolledLRB103 35700 MXP 65776 b

    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:
    "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 home rule 
unit, may enact an ordinance or resolution to regulate 
unmanned aircraft systems. 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.
    (b-5) Nothing in this Section shall be construed to deny a 
unit of local government the right to adopt reasonable rules 
related to the use by a private party of airspace that is above 
ground level of public property owned or controlled by that 
unit of local government. This subsection applies to 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. Reasonable 
rules adopted pursuant to this subsection shall not supersede 
any administrative rules adopted by the Department or any 
federal laws, rules, or regulations. 
    (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.

Effective Date:  8/9/2024