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Full Text of HB3190
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HB3190 - 104th General Assembly
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Senate Amendment 001
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Senate Amendment 001
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HB3190 Engrossed
LRB104 09656 LNS 19722 b
1
AN ACT concerning transportation.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Illinois Aeronautics Act is amended by
5
changing Section 42.1 as follows:
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(620 ILCS 5/42.1)
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Sec. 42.1.
Regulation of unmanned aircraft systems.
8
(a) As used in this Section:
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"Critical infrastructure" has the meaning given in
10
subsection (e) of Section 1016 of the USA Patriot Act of 2001
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(42 U.S.C. 5195c(e)).
12
"Unmanned aircraft" means a device used or intended to be
13
used for flight in the air that is operated without the
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possibility of direct human intervention within or on the
15
device.
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"Unmanned aircraft system" means an unmanned aircraft and
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its associated elements, including communication links and the
18
components that control the unmanned aircraft, that are
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required for the safe and efficient operation of the unmanned
20
aircraft in the National Airspace System.
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(b) Except as otherwise provided in this Section, to the
22
extent that State-level oversight does not conflict with
23
federal laws, rules, or regulations, the regulation of an
HB3190 Engrossed
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LRB104 09656 LNS 19722 b
1
unmanned aircraft system is an exclusive power and function of
2
the State. No unit of local government, including home rule
3
unit, may enact an ordinance or resolution to regulate
4
unmanned aircraft systems. This Section is a denial and
5
limitation of home rule powers and functions under subsection
6
(h) of Section 6 of Article VII of the Illinois Constitution.
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This Section does not apply to any local ordinance enacted by a
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municipality of more than 1,000,000 inhabitants.
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(b-5) Nothing in this Section shall be construed to deny a
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unit of local government the right to adopt reasonable rules
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related to the use by a private party of airspace that is above
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ground level of public property owned or controlled by that
13
unit of local government. This subsection applies to publicly
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owned or controlled property that is intended or permitted to
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be used for recreational or conservation purposes, including,
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but not limited to, parks, playgrounds, aquatic facilities,
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wildlife areas, or other recreational facilities.
This
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subsection does not authorize restricting or limiting the use
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of unmanned aircraft systems when such usage is by commercial
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users for business operations in connection with critical
21
infrastructure.
Reasonable rules adopted pursuant to this
22
subsection shall not supersede any administrative rules
23
adopted by the Department or any federal laws, rules, or
24
regulations
, nor the operation of an unmanned aircraft system
25
by a person or entity for a commercial purpose in compliance
26
with applicable Federal Aviation Administration authorization,
HB3190 Engrossed
- 3 -
LRB104 09656 LNS 19722 b
1
regulations, or exemptions. Such rules shall not preclude an
2
individual licensed under the Illinois Professional Land
3
Surveyor Act of 1989 or the Professional Engineering Practice
4
Act of 1989 from operating an unmanned aerial vehicle within
5
the scope of his or her professional practice
.
6
(c) Nothing in this Section shall infringe or impede any
7
current right or remedy available under existing State law.
8
(d) The Department may adopt any rules that it finds
9
appropriate to address the safe and legal operation of
10
unmanned aircraft systems in this State, so that those engaged
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in the operation of unmanned aircraft systems may so engage
12
with the least possible restriction, consistent with their
13
safety and with the safety and the rights of others, and in
14
compliance with federal rules and regulations.
15
(Source: P.A. 103-925, eff. 8-9-24.)
16
Section 99.
Effective date.
This Act takes effect upon
17
becoming law.
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