Illinois General Assembly - Full Text of SB2849
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of SB2849  103rd General Assembly



SB2849 EnrolledLRB103 35700 MXP 65776 b

1    AN ACT concerning transportation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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
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
17aircraft in the National Airspace System national airspace
19    (b) Except as otherwise provided in this Section, to To
20the extent that State-level oversight does not conflict with
21federal laws, rules, or regulations, the regulation of an
22unmanned aircraft system is an exclusive power and function of
23the State. No unit of local government, including home rule



SB2849 Enrolled- 2 -LRB103 35700 MXP 65776 b

1unit, may enact an ordinance or resolution to regulate
2unmanned aircraft systems. This Section is a denial and
3limitation of home rule powers and functions under subsection
4(h) of Section 6 of Article VII of the Illinois Constitution.
5This Section does not apply to any local ordinance enacted by a
6municipality of more than 1,000,000 inhabitants.
7    (b-5) Nothing in this Section shall be construed to deny a
8unit of local government the right to adopt reasonable rules
9related to the use by a private party of airspace that is above
10ground level of public property owned or controlled by that
11unit of local government. This subsection applies to publicly
12owned or controlled property that is intended or permitted to
13be used for recreational or conservation purposes, including,
14but not limited to, parks, playgrounds, aquatic facilities,
15wildlife areas, or other recreational facilities. Reasonable
16rules adopted pursuant to this subsection shall not supersede
17any administrative rules adopted by the Department or any
18federal laws, rules, or regulations.
19    (c) Nothing in this Section shall infringe or impede any
20current right or remedy available under existing State law.
21    (d) The Department may adopt any rules that it finds
22appropriate to address the safe and legal operation of
23unmanned aircraft systems in this State, so that those engaged
24in the operation of unmanned aircraft systems may so engage
25with the least possible restriction, consistent with their
26safety and with the safety and the rights of others, and in



SB2849 Enrolled- 3 -LRB103 35700 MXP 65776 b

1compliance with federal rules and regulations.
2(Source: P.A. 100-735, eff. 8-3-18.)
3    Section 99. Effective date. This Act takes effect upon
4becoming law.