103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2698
 
Introduced 1/10/2024, by Sen. Julie A. Morrison
 
SYNOPSIS AS INTRODUCED:
 
620 ILCS 5/42.1
    Amends the Illinois Aeronautics Act. Allows a forest preserve or conservation district to enact ordinances regulating unmanned aircraft systems. Effective immediately.


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A BILL FOR
 
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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:
 
4    Section 1. This Act may be referred to as the Public Open 
5Space and Wildlife Drone Safety Amendment.
 
6    Section 5. The Illinois Aeronautics Act is amended by 
7changing Section 42.1 as follows:
 
8    (620 ILCS 5/42.1)
9    Sec. 42.1. Regulation of unmanned aircraft systems.
10    (a) As used in this Section:
11    "Unmanned aircraft" means a device used or intended to be 
12used for flight in the air that is operated without the 
13possibility of direct human intervention within or on the 
14device.
15    "Unmanned aircraft system" means an unmanned aircraft and 
16its associated elements, including communication links and the 
17components that control the unmanned aircraft, that are 
18required for the safe and efficient operation of the unmanned 
19aircraft in the national airspace system.
20    (b) To the extent that State-level oversight does not 
21conflict with federal laws, rules, or regulations, the 
22regulation of an unmanned aircraft system is an exclusive 
 
 
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1power and function of the State. No unit of local government, 
2including home rule unit, may enact an ordinance or resolution 
3to regulate unmanned aircraft systems. This Section is a 
4denial and limitation of home rule powers and functions under 
5subsection (h) of Section 6 of Article VII of the Illinois 
6Constitution. This Section does not apply to any local 
7ordinance enacted by a municipality of more than 1,000,000 
8inhabitants, a forest preserve district, or a conservation 
9district.
10    (c) Nothing in this Section shall infringe or impede any 
11current right or remedy available under existing State law.
12    (d) The Department may adopt any rules that it finds 
13appropriate to address the safe and legal operation of 
14unmanned aircraft systems in this State, so that those engaged 
15in the operation of unmanned aircraft systems may so engage 
16with the least possible restriction, consistent with their 
17safety and with the safety and the rights of others, and in 
18compliance with federal rules and regulations. 
19(Source: P.A. 100-735, eff. 8-3-18.)
 
20    Section 99. Effective date. This Act takes effect upon 
21becoming law.