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Sen. James F. Clayborne, Jr.
Filed: 4/20/2018
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| 1 | | AMENDMENT TO SENATE BILL 3291
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3291, AS AMENDED, |
| 3 | | by replacing everything after the enacting clause with the |
| 4 | | following:
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| 5 | | "Section 5. The Illinois Aeronautics Act is amended by |
| 6 | | adding Section 42.1 as follows:
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| 7 | | (620 ILCS 5/42.1 new) |
| 8 | | Sec. 42.1. Regulation of unmanned aircraft systems. |
| 9 | | (a) As used in this Section: |
| 10 | | "Unmanned aircraft" means a device used or intended to be |
| 11 | | used for flight in the air that is operated without the |
| 12 | | possibility of direct human intervention within or on the |
| 13 | | device. |
| 14 | | "Unmanned aircraft system" means an unmanned aircraft and |
| 15 | | its associated elements, including communication links and the |
| 16 | | components that control the unmanned aircraft, that are |
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| 1 | | required for the safe and efficient operation of the unmanned |
| 2 | | aircraft in the national airspace system. |
| 3 | | (b) To the extent that State-level oversight does not |
| 4 | | conflict with federal laws, rules, or regulations, the |
| 5 | | regulation of an unmanned aircraft system is an exclusive power |
| 6 | | and function of the State. No unit of local government, |
| 7 | | including home rule unit, may enact an ordinance or resolution |
| 8 | | to regulate unmanned aircraft systems. This Section is a denial |
| 9 | | and limitation of home rule powers and functions under |
| 10 | | subsection (h) of Section 6 of Article VII of the Illinois |
| 11 | | Constitution. This Section does not apply to any local |
| 12 | | ordinance enacted by a municipality of more than 1,000,000 |
| 13 | | inhabitants. |
| 14 | | (c) Nothing in this Section shall infringe or impede any |
| 15 | | current right or remedy available under existing State law. |
| 16 | | (d) The Department may adopt any rules that it finds |
| 17 | | appropriate to address the safe and legal operation of unmanned |
| 18 | | aircraft systems in this State, so that those engaged in the |
| 19 | | operation of unmanned aircraft systems may so engage with the |
| 20 | | least possible restriction, consistent with their safety and |
| 21 | | with the safety and the rights of others, and in compliance |
| 22 | | with federal rules and regulations.
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| 23 | | Section 99. Effective date. This Act takes effect upon |
| 24 | | becoming law.".
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