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| | SB2849 Enrolled | | LRB103 35700 MXP 65776 b |
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| 1 | | AN ACT concerning transportation.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Illinois Aeronautics Act is amended by |
| 5 | | changing Section 42.1 as follows:
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| 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 |
| 10 | | used for flight in the air that is operated without the |
| 11 | | possibility of direct human intervention within or on the |
| 12 | | device. |
| 13 | | "Unmanned aircraft system" means an unmanned aircraft and |
| 14 | | its associated elements, including communication links and the |
| 15 | | components that control the unmanned aircraft, that are |
| 16 | | required for the safe and efficient operation of the unmanned |
| 17 | | aircraft in the National Airspace System national airspace |
| 18 | | system. |
| 19 | | (b) Except as otherwise provided in this Section, to To |
| 20 | | the extent that State-level oversight does not conflict with |
| 21 | | federal laws, rules, or regulations, the regulation of an |
| 22 | | unmanned aircraft system is an exclusive power and function of |
| 23 | | the State. No unit of local government, including home rule |
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| | SB2849 Enrolled | - 2 - | LRB103 35700 MXP 65776 b |
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| 1 | | unit, may enact an ordinance or resolution to regulate |
| 2 | | unmanned aircraft systems. This Section is a denial and |
| 3 | | limitation of home rule powers and functions under subsection |
| 4 | | (h) of Section 6 of Article VII of the Illinois Constitution. |
| 5 | | This Section does not apply to any local ordinance enacted by a |
| 6 | | municipality of more than 1,000,000 inhabitants. |
| 7 | | (b-5) Nothing in this Section shall be construed to deny a |
| 8 | | unit of local government the right to adopt reasonable rules |
| 9 | | related to the use by a private party of airspace that is above |
| 10 | | ground level of public property owned or controlled by that |
| 11 | | unit of local government. This subsection applies to publicly |
| 12 | | owned or controlled property that is intended or permitted to |
| 13 | | be used for recreational or conservation purposes, including, |
| 14 | | but not limited to, parks, playgrounds, aquatic facilities, |
| 15 | | wildlife areas, or other recreational facilities. Reasonable |
| 16 | | rules adopted pursuant to this subsection shall not supersede |
| 17 | | any administrative rules adopted by the Department or any |
| 18 | | federal laws, rules, or regulations. |
| 19 | | (c) Nothing in this Section shall infringe or impede any |
| 20 | | current right or remedy available under existing State law. |
| 21 | | (d) The Department may adopt any rules that it finds |
| 22 | | appropriate to address the safe and legal operation of |
| 23 | | unmanned aircraft systems in this State, so that those engaged |
| 24 | | in the operation of unmanned aircraft systems may so engage |
| 25 | | with the least possible restriction, consistent with their |
| 26 | | safety and with the safety and the rights of others, and in |