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1 | | aircraft in the National Airspace System national airspace |
2 | | system . |
3 | | (b) Except as otherwise provided in this Section, to To |
4 | | the extent that State-level oversight does not conflict with |
5 | | federal laws, rules, or regulations, the regulation of an |
6 | | unmanned aircraft system is an exclusive power and function of |
7 | | the State. No unit of local government, including home rule |
8 | | unit, may enact an ordinance or resolution to regulate |
9 | | unmanned aircraft systems. This Section is a denial and |
10 | | limitation of home rule powers and functions under subsection |
11 | | (h) of Section 6 of Article VII of the Illinois Constitution. |
12 | | This Section does not apply to any local ordinance enacted by a |
13 | | municipality of more than 1,000,000 inhabitants. |
14 | | (b-5) Nothing in this Section shall be construed to deny a |
15 | | unit of local government the right to adopt reasonable rules |
16 | | related to the use by a private party of airspace that is above |
17 | | ground level of public property owned or controlled by that |
18 | | unit of local government. This subsection applies to publicly |
19 | | owned or controlled property that is intended or permitted to |
20 | | be used for recreational or conservation purposes, including, |
21 | | but not limited to, parks, playgrounds, aquatic facilities, |
22 | | wildlife areas, or other recreational facilities. Reasonable |
23 | | rules adopted pursuant to this subsection shall not supersede |
24 | | any administrative rules adopted by the Department or any |
25 | | federal laws, rules, or 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.) |
10 | | Section 99. Effective date. This Act takes effect upon |
11 | | becoming law.". |