101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2295

 

Introduced , by Rep. Jay Hoffman

 

SYNOPSIS AS INTRODUCED:
 
620 ILCS 5/42.1

    Amends the Illinois Aeronautics Act. Provides that the Department of Transportation, to the exclusion of all other government entities, may adopt any rules that it finds appropriate to address the safe and legal operation of unmanned aircraft systems in the State. Effective immediately.


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A BILL FOR

 

HB2295LRB101 08609 TAE 53688 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. The Illinois Aeronautics Act is amended by
5changing 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    "Unmanned aircraft" means a device used or intended to be
10used for flight in the air that is operated without the
11possibility of direct human intervention within or on the
12device.
13    "Unmanned aircraft system" means an unmanned aircraft and
14its associated elements, including communication links and the
15components that control the unmanned aircraft, that are
16required for the safe and efficient operation of the unmanned
17aircraft in the national airspace system.
18    (b) To the extent that State-level oversight does not
19conflict with federal laws, rules, or regulations, the
20regulation of an unmanned aircraft system is an exclusive power
21and function of the State. No unit of local government,
22including home rule unit, may enact an ordinance or resolution
23to regulate unmanned aircraft systems. This Section is a denial

 

 

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1and limitation of home rule powers and functions under
2subsection (h) of Section 6 of Article VII of the Illinois
3Constitution. This Section does not apply to any local
4ordinance enacted by a municipality of more than 1,000,000
5inhabitants.
6    (c) Nothing in this Section shall infringe or impede any
7current right or remedy available under existing State law.
8    (d) The Department of Transportation, to the exclusion of
9all other government entities, may adopt any rules that it
10finds appropriate to address the safe and legal operation of
11unmanned aircraft systems in this State, so that those engaged
12in the operation of unmanned aircraft systems may so engage
13with the least possible restriction, consistent with their
14safety and with the safety and the rights of others, and in
15compliance with federal rules and regulations.
16(Source: P.A. 100-735, eff. 8-3-18.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.