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Public Act 100-0735


 

Public Act 0735 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0735
 
SB3291 EnrolledLRB100 20736 LNS 36215 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
adding Section 42.1 as follows:
 
    (620 ILCS 5/42.1 new)
    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.
    (b) 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.
    (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.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/3/2018