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.
  


LRB101 08609 TAE 53688 b

 
 
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 
 
 
HB2295- 2 -LRB101 08609 TAE 53688 b

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.