Bill Amendment: IL HB0890 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: TRANSPORTATION-TECH
Status: 2024-05-23 - Referred to Assignments [HB0890 Detail]
Download: Illinois-2023-HB0890-House_Amendment_001.html
Bill Title: TRANSPORTATION-TECH
Status: 2024-05-23 - Referred to Assignments [HB0890 Detail]
Download: Illinois-2023-HB0890-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 890 | ||||||
2 | AMENDMENT NO. ______. Amend House Bill 890 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. If and only if House Bill 4715 of the 103rd | ||||||
5 | General Assembly becomes law in the form in which it passed the | ||||||
6 | House on April 19, 2024, then the Illinois Aeronautics Act is | ||||||
7 | amended by changing Section 42.1 as follows:
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8 | (620 ILCS 5/42.1) | ||||||
9 | Sec. 42.1. Regulation of unmanned aircraft systems. | ||||||
10 | (a) As used in this Section: | ||||||
11 | "Critical infrastructure" has the meaning given in | ||||||
12 | subsection (e) of Section 1016 of the USA Patriot Act of 2001 | ||||||
13 | (42 U.S.C. 5195c(e)). | ||||||
14 | "Unmanned aircraft" means a device used or intended to be | ||||||
15 | used for flight in the air that is operated without the | ||||||
16 | possibility of direct human intervention within or on the |
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1 | device. | ||||||
2 | "Unmanned aircraft system" means an unmanned aircraft and | ||||||
3 | its associated elements, including communication links and the | ||||||
4 | components that control the unmanned aircraft, that are | ||||||
5 | required for the safe and efficient operation of the unmanned | ||||||
6 | aircraft in the National Airspace System. | ||||||
7 | (b) Except as otherwise provided in this Section, to the | ||||||
8 | extent that State-level oversight does not conflict with | ||||||
9 | federal laws, rules, or regulations, the regulation of an | ||||||
10 | unmanned aircraft system is an exclusive power and function of | ||||||
11 | the State. No unit of local government, including home rule | ||||||
12 | unit, may enact an ordinance or resolution to regulate | ||||||
13 | unmanned aircraft systems. This Section is a denial and | ||||||
14 | limitation of home rule powers and functions under subsection | ||||||
15 | (h) of Section 6 of Article VII of the Illinois Constitution. | ||||||
16 | This Section does not apply to any local ordinance enacted by a | ||||||
17 | municipality of more than 1,000,000 inhabitants. | ||||||
18 | (b-5) Nothing in this Section shall be construed to deny a | ||||||
19 | unit of local government the right to adopt reasonable rules | ||||||
20 | related to the use by a private party of airspace that is above | ||||||
21 | ground level of public property owned or controlled by that | ||||||
22 | unit of local government. This subsection applies to publicly | ||||||
23 | owned or controlled property that is intended or permitted to | ||||||
24 | be used for recreational or conservation purposes, including, | ||||||
25 | but not limited to, parks, playgrounds, aquatic facilities, | ||||||
26 | wildlife areas, or other recreational facilities. This |
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1 | subsection does not authorize restricting or limiting the use | ||||||
2 | of unmanned aircraft systems when such usage is by commercial | ||||||
3 | users for business operations in connection with critical | ||||||
4 | infrastructure. Reasonable rules adopted pursuant to this | ||||||
5 | subsection shall not supersede any administrative rules | ||||||
6 | adopted by the Department or any federal laws, rules, or | ||||||
7 | regulations , nor the operation of an unmanned aircraft system | ||||||
8 | by a person or entity for a commercial purpose in compliance | ||||||
9 | with applicable Federal Aviation Administration authorization, | ||||||
10 | regulations, or exemptions . | ||||||
11 | (c) Nothing in this Section shall infringe or impede any | ||||||
12 | current right or remedy available under existing State law. | ||||||
13 | (d) The Department may adopt any rules that it finds | ||||||
14 | appropriate to address the safe and legal operation of | ||||||
15 | unmanned aircraft systems in this State, so that those engaged | ||||||
16 | in the operation of unmanned aircraft systems may so engage | ||||||
17 | with the least possible restriction, consistent with their | ||||||
18 | safety and with the safety and the rights of others, and in | ||||||
19 | compliance with federal rules and regulations. Such rules | ||||||
20 | shall not preclude an individual licensed under the Illinois | ||||||
21 | Professional Land Surveyor Act of 1989 or the Professional | ||||||
22 | Engineering Practice Act of 1989 from operating an unmanned | ||||||
23 | aerial vehicle within the scope of his or her professional | ||||||
24 | practice. | ||||||
25 | (Source: P.A. 100-735, eff. 8-3-18; 10300HB4715eng.)
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