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Public Act 103-0925
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| SB2849 Enrolled | LRB103 35700 MXP 65776 b |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Illinois Aeronautics Act is amended by |
changing Section 42.1 as follows:
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(620 ILCS 5/42.1) |
Sec. 42.1. Regulation of unmanned aircraft systems. |
(a) As used in this Section: |
"Unmanned aircraft" means a device used or intended to be |
used for flight in the air that is operated without the |
possibility of direct human intervention within or on the |
device. |
"Unmanned aircraft system" means an unmanned aircraft and |
its associated elements, including communication links and the |
components that control the unmanned aircraft, that are |
required for the safe and efficient operation of the unmanned |
aircraft in the National Airspace System national airspace |
system. |
(b) Except as otherwise provided in this Section, to To |
the extent that State-level oversight does not conflict with |
federal laws, rules, or regulations, the regulation of an |
unmanned aircraft system is an exclusive power and function of |
the State. No unit of local government, including home rule |
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unit, may enact an ordinance or resolution to regulate |
unmanned aircraft systems. This Section is a denial and |
limitation of home rule powers and functions under subsection |
(h) of Section 6 of Article VII of the Illinois Constitution. |
This Section does not apply to any local ordinance enacted by a |
municipality of more than 1,000,000 inhabitants. |
(b-5) Nothing in this Section shall be construed to deny a |
unit of local government the right to adopt reasonable rules |
related to the use by a private party of airspace that is above |
ground level of public property owned or controlled by that |
unit of local government. This subsection applies to publicly |
owned or controlled property that is intended or permitted to |
be used for recreational or conservation purposes, including, |
but not limited to, parks, playgrounds, aquatic facilities, |
wildlife areas, or other recreational facilities. Reasonable |
rules adopted pursuant to this subsection shall not supersede |
any administrative rules adopted by the Department or any |
federal laws, rules, or regulations. |
(c) Nothing in this Section shall infringe or impede any |
current right or remedy available under existing State law. |
(d) The Department may adopt any rules that it finds |
appropriate to address the safe and legal operation of |
unmanned aircraft systems in this State, so that those engaged |
in the operation of unmanned aircraft systems may so engage |
with the least possible restriction, consistent with their |
safety and with the safety and the rights of others, and in |