HB4715 EngrossedLRB103 36099 MXP 66189 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    "Critical infrastructure" has the meaning given in 
10subsection (e) of Section 1016 of the USA Patriot Act of 2001 
11(42 U.S.C. 5195c(e)). 
12    "Unmanned aircraft" means a device used or intended to be 
13used for flight in the air that is operated without the 
14possibility of direct human intervention within or on the 
15device.
16    "Unmanned aircraft system" means an unmanned aircraft and 
17its associated elements, including communication links and the 
18components that control the unmanned aircraft, that are 
19required for the safe and efficient operation of the unmanned 
20aircraft in the National Airspace System national airspace 
21system.
22    (b) Except as otherwise provided in this Section, to To 
23the extent that State-level oversight does not conflict with 
 
 
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1federal laws, rules, or regulations, the regulation of an 
2unmanned aircraft system is an exclusive power and function of 
3the State. No unit of local government, including home rule 
4unit, may enact an ordinance or resolution to regulate 
5unmanned aircraft systems. This Section is a denial and 
6limitation of home rule powers and functions under subsection 
7(h) of Section 6 of Article VII of the Illinois Constitution. 
8This Section does not apply to any local ordinance enacted by a 
9municipality of more than 1,000,000 inhabitants.
10    (b-5) Nothing in this Section shall be construed to deny a 
11unit of local government the right to adopt reasonable rules 
12related to the use by a private party of airspace that is above 
13ground level of public property owned or controlled by that 
14unit of local government. This subsection applies to publicly 
15owned or controlled property that is intended or permitted to 
16be used for recreational or conservation purposes, including, 
17but not limited to, parks, playgrounds, aquatic facilities, 
18wildlife areas, or other recreational facilities. This 
19subsection does not authorize restricting or limiting the use 
20of unmanned aircraft systems when such usage is by commercial 
21users for business operations in connection with critical 
22infrastructure. Reasonable rules adopted pursuant to this 
23subsection shall not supersede any administrative rules 
24adopted by the Department or any federal laws, rules, or 
25regulations. 
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.)