HB0890ham003 103RD GENERAL ASSEMBLY

Rep. Robert "Bob" Rita

Filed: 5/21/2024

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 890

2    AMENDMENT NO. ______. Amend House Bill 890 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1device.
2    "Unmanned aircraft system" means an unmanned aircraft and
3its associated elements, including communication links and the
4components that control the unmanned aircraft, that are
5required for the safe and efficient operation of the unmanned
6aircraft in the National Airspace System.
7    (b) Except as otherwise provided in this Section, to the
8extent that State-level oversight does not conflict with
9federal laws, rules, or regulations, the regulation of an
10unmanned aircraft system is an exclusive power and function of
11the State. No unit of local government, including home rule
12unit, may enact an ordinance or resolution to regulate
13unmanned aircraft systems. This Section is a denial and
14limitation of home rule powers and functions under subsection
15(h) of Section 6 of Article VII of the Illinois Constitution.
16This Section does not apply to any local ordinance enacted by a
17municipality of more than 1,000,000 inhabitants.
18    (b-5) Nothing in this Section shall be construed to deny a
19unit of local government the right to adopt reasonable rules
20related to the use by a private party of airspace that is above
21ground level of public property owned or controlled by that
22unit of local government. This subsection applies to publicly
23owned or controlled property that is intended or permitted to
24be used for recreational or conservation purposes, including,
25but not limited to, parks, playgrounds, aquatic facilities,
26wildlife areas, or other recreational facilities. This

 

 

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1subsection does not authorize restricting or limiting the use
2of unmanned aircraft systems when such usage is by commercial
3users for business operations in connection with critical
4infrastructure. Reasonable rules adopted pursuant to this
5subsection shall not supersede any administrative rules
6adopted by the Department or any federal laws, rules, or
7regulations, nor the operation of an unmanned aircraft system
8by a person or entity for a commercial purpose in compliance
9with applicable Federal Aviation Administration authorization,
10regulations, or exemptions. Such rules shall not preclude an
11individual licensed under the Illinois Professional Land
12Surveyor Act of 1989 or the Professional Engineering Practice
13Act of 1989 from operating an unmanned aerial vehicle within
14the scope of his or her professional practice.
15    (c) Nothing in this Section shall infringe or impede any
16current right or remedy available under existing State law.
17    (d) The Department may adopt any rules that it finds
18appropriate to address the safe and legal operation of
19unmanned aircraft systems in this State, so that those engaged
20in the operation of unmanned aircraft systems may so engage
21with the least possible restriction, consistent with their
22safety and with the safety and the rights of others, and in
23compliance with federal rules and regulations.
24(Source: P.A. 100-735, eff. 8-3-18; 10300SB2849eng.)
 
25    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law or on the date Senate Bill 2849 of the 103rd
2General Assembly takes effect, whichever is later.".