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1 | AN ACT concerning transportation. | ||||||
2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly: | ||||||
4 | Section 5. The Illinois Aeronautics Act is amended by | ||||||
5 | changing 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 | ||||||
10 | subsection (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 | ||||||
13 | used for flight in the air that is operated without the | ||||||
14 | possibility of direct human intervention within or on the | ||||||
15 | device. | ||||||
16 | "Unmanned aircraft system" means an unmanned aircraft and | ||||||
17 | its associated elements, including communication links and the | ||||||
18 | components that control the unmanned aircraft, that are | ||||||
19 | required for the safe and efficient operation of the unmanned | ||||||
20 | aircraft in the National Airspace System national airspace | ||||||
21 | system . | ||||||
22 | (b) Except as otherwise provided in this Section, to To | ||||||
23 | the extent that State-level oversight does not conflict with |
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1 | federal laws, rules, or regulations, the regulation of an | ||||||
2 | unmanned aircraft system is an exclusive power and function of | ||||||
3 | the State. No unit of local government, including home rule | ||||||
4 | unit, may enact an ordinance or resolution to regulate | ||||||
5 | unmanned aircraft systems. This Section is a denial and | ||||||
6 | limitation of home rule powers and functions under subsection | ||||||
7 | (h) of Section 6 of Article VII of the Illinois Constitution. | ||||||
8 | This Section does not apply to any local ordinance enacted by a | ||||||
9 | municipality of more than 1,000,000 inhabitants. | ||||||
10 | (b-5) Nothing in this Section shall be construed to deny a | ||||||
11 | unit of local government the right to adopt reasonable rules | ||||||
12 | related to the use by a private party of airspace that is above | ||||||
13 | ground level of public property owned or controlled by that | ||||||
14 | unit of local government. This subsection applies to publicly | ||||||
15 | owned or controlled property that is intended or permitted to | ||||||
16 | be used for recreational or conservation purposes, including, | ||||||
17 | but not limited to, parks, playgrounds, aquatic facilities, | ||||||
18 | wildlife areas, or other recreational facilities. This | ||||||
19 | subsection does not authorize restricting or limiting the use | ||||||
20 | of unmanned aircraft systems when such usage is by commercial | ||||||
21 | users for business operations in connection with critical | ||||||
22 | infrastructure. Reasonable rules adopted pursuant to this | ||||||
23 | subsection shall not supersede any administrative rules | ||||||
24 | adopted by the Department or any federal laws, rules, or | ||||||
25 | regulations. | ||||||
26 | (c) Nothing in this Section shall infringe or impede any |
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1 | current right or remedy available under existing State law. | ||||||
2 | (d) The Department may adopt any rules that it finds | ||||||
3 | appropriate to address the safe and legal operation of | ||||||
4 | unmanned aircraft systems in this State, so that those engaged | ||||||
5 | in the operation of unmanned aircraft systems may so engage | ||||||
6 | with the least possible restriction, consistent with their | ||||||
7 | safety and with the safety and the rights of others, and in | ||||||
8 | compliance with federal rules and regulations. | ||||||
9 | (Source: P.A. 100-735, eff. 8-3-18.) |