HB0890 EngrossedLRB103 04493 HEP 49499 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. If and only if Senate Bill 2849 of the 103rd
5General Assembly becomes law in the form in which it passed the
6Senate on April 9, 2024, then the Illinois Aeronautics Act is
7amended by changing Section 42.1 as follows:
 
8    (620 ILCS 5/42.1)
9    Sec. 42.1. Regulation of unmanned aircraft systems.
10    (a) As used in this Section:
11    "Critical infrastructure" has the meaning given in
12subsection (e) of Section 1016 of the USA Patriot Act of 2001
13(42 U.S.C. 5195c(e)).
14    "Unmanned aircraft" means a device used or intended to be
15used for flight in the air that is operated without the
16possibility of direct human intervention within or on the
17device.
18    "Unmanned aircraft system" means an unmanned aircraft and
19its associated elements, including communication links and the
20components that control the unmanned aircraft, that are
21required for the safe and efficient operation of the unmanned
22aircraft in the National Airspace System.
23    (b) Except as otherwise provided in this Section, to the

 

 

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1extent that State-level oversight does not conflict with
2federal laws, rules, or regulations, the regulation of an
3unmanned aircraft system is an exclusive power and function of
4the State. No unit of local government, including home rule
5unit, may enact an ordinance or resolution to regulate
6unmanned aircraft systems. This Section is a denial and
7limitation of home rule powers and functions under subsection
8(h) of Section 6 of Article VII of the Illinois Constitution.
9This Section does not apply to any local ordinance enacted by a
10municipality of more than 1,000,000 inhabitants.
11    (b-5) Nothing in this Section shall be construed to deny a
12unit of local government the right to adopt reasonable rules
13related to the use by a private party of airspace that is above
14ground level of public property owned or controlled by that
15unit of local government. This subsection applies to publicly
16owned or controlled property that is intended or permitted to
17be used for recreational or conservation purposes, including,
18but not limited to, parks, playgrounds, aquatic facilities,
19wildlife areas, or other recreational facilities. This
20subsection does not authorize restricting or limiting the use
21of unmanned aircraft systems when such usage is by commercial
22users for business operations in connection with critical
23infrastructure. Reasonable rules adopted pursuant to this
24subsection shall not supersede any administrative rules
25adopted by the Department or any federal laws, rules, or
26regulations, nor the operation of an unmanned aircraft system

 

 

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1by a person or entity for a commercial purpose in compliance
2with applicable Federal Aviation Administration authorization,
3regulations, or exemptions. Such rules shall not preclude an
4individual licensed under the Illinois Professional Land
5Surveyor Act of 1989 or the Professional Engineering Practice
6Act of 1989 from operating an unmanned aerial vehicle within
7the scope of his or her professional practice.
8    (c) Nothing in this Section shall infringe or impede any
9current right or remedy available under existing State law.
10    (d) The Department may adopt any rules that it finds
11appropriate to address the safe and legal operation of
12unmanned aircraft systems in this State, so that those engaged
13in the operation of unmanned aircraft systems may so engage
14with the least possible restriction, consistent with their
15safety and with the safety and the rights of others, and in
16compliance with federal rules and regulations.
17(Source: P.A. 100-735, eff. 8-3-18; 10300SB2849eng.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law or on the date Senate Bill 2849 of the 103rd
20General Assembly takes effect, whichever is later.