Analysis by the Legislative Reference Bureau
This bill prohibits the operation of drones over a state correctional institution.
Any person who violates this prohibition may be required to forfeit not more than
$5,000. Also, a law enforcement officer investigating an alleged violation of this
provision is required to seize and transfer to the Department of Corrections any
visual representation or data that represents a visual image that was created or
recorded by a drone during the alleged violation.
This bill also authorizes a city, village, town, or county (political subdivision) to
enact an ordinance designating an area within its jurisdiction as an area over which
the operation of a drone is limited and imposing limitations on the operation of
drones over the designated area. The ordinance may not apply to the operation of
a drone by the state, an agency of the state, or a public safety agency or the operation
of a drone with the consent of the owner of the property over which the drone is
operated. A political subdivision may provide a forfeiture of not more than $2,500 for
each violation of a drone operation ordinance.

For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB498,1 1Section 1. 114.04 of the statutes is amended to read:
SB498,2,12 2114.04 Flying and landing, limitations. Subject to s. ss. 114.105 (3) and
3175.55, and except as provided in s. ss. 114.045 and 942.10, flight of or in aircraft or
4spacecraft over the lands and waters of this state is lawful, unless at such a low
5altitude as to interfere with the then existing use to which the land or water, or the
6space over the land or water, is put by the owner, or unless so conducted as to be
7imminently dangerous or damaging to persons or property lawfully on the land or
8water beneath. The landing of an aircraft or spacecraft on the lands or waters of
9another, without the person's consent, is unlawful, except in the case of a forced
10landing. For damages caused by a forced landing, however, the owner or lessee of the
11aircraft or spacecraft or the aeronaut or astronaut shall be liable, as provided in s.
12114.05.
SB498,2 13Section 2. 114.045 of the statutes is created to read:
SB498,2,16 14114.045 Limitation on the operation of drones. (1) No person may operate
15a drone, as defined in s. 114.105 (1) (a), over a state correctional institution, as
16defined in s. 301.01 (4), including any grounds of the institution.
SB498,2,18 17(2) Any person who violates sub. (1) may be required to forfeit not more than
18$5,000.
SB498,3,2 19(3) A law enforcement officer investigating an alleged violation of sub. (1) shall
20seize and transfer to the department of corrections any photograph, motion picture,

1other visual representation, or data that represents a visual image that was created
2or recorded by a drone during an alleged violation of sub. (1).
SB498,3 3Section 3. 114.105 of the statutes is renumbered 114.105 (2) and amended to
4read:
SB498,3,105 114.105 (2) Any county, town, city or village A political subdivision may adopt
6any ordinance in strict conformity with the provisions of this chapter and impose the
7same penalty for violation of any of its provisions except that such an ordinance shall
8under this subsection may not provide for the suspension or revocation of pilot or
9aircraft licenses or certificates and shall may not provide for imprisonment except
10for failure to pay any fine which may be imposed.
SB498,3,13 11(4) No local authority shall political subdivision may enact any ordinance
12governing aircraft or aeronautics or spacecraft or astronautics contrary to or
13inconsistent with the provisions of this chapter or federal law.
SB498,3,16 14(5) Every court in which a violation of such an ordinance under this section is
15prosecuted shall make a written report of any conviction ( , including bail or
16appearance money forfeiture), to the federal aviation administration.
SB498,4 17Section 4. 114.105 (1) of the statutes is created to read:
SB498,3,1818 114.105 (1) In this section:
SB498,3,2119 (a) "Drone" means a powered, aerial vehicle that does not carry a human
20operator, uses aerodynamic forces to provide vehicle lift, and can fly autonomously
21or be piloted remotely. A drone may be expendable or recoverable.
SB498,3,2222 (b) "Political subdivision" means a city, village, town, or county.
SB498,5 23Section 5. 114.105 (3) of the statutes is created to read:
SB498,4,524 114.105 (3) (a) If a political subdivision determines that public safety requires
25that drone operation over an area under the jurisdiction of the political subdivision

1be limited, subject to par. (b), the political subdivision may enact an ordinance
2designating the area as an area over which the operation of a drone is limited and
3imposing limitations on the operation of drones over the designated area. Subject
4to par. (b), an ordinance under this section may prohibit any operation of a drone over
5a designated area.
SB498,4,66 (b) An ordinance under par. (a) may not apply to any of the following:
SB498,4,87 1. The operation of a drone by the state, an agency of the state, or a public safety
8agency, as defined in s. 256.35 (1) (g).
SB498,4,109 2. The operation of a drone with the permission of the owner of the property
10over which the drone is operated.
SB498,4,1711 (c) If a political subdivision enacts an ordinance under par. (a), the political
12subdivision shall provide notice reasonably calculated to inform the public of the
13location of areas over which drone operation is limited. If the political subdivision
14produces a newsletter for its residents, the political subdivision shall provide notice
15of the areas affected by an ordinance under par. (a) in the newsletter. If the political
16subdivision maintains an Internet site, the political subdivision shall maintain a list
17of locations affected by an ordinance under par. (a) on the Internet site.
SB498,4,1918 (d) A political subdivision may provide a forfeiture of not more than $2,500 for
19each violation of an ordinance under par. (a).
SB498,4,2020 (End)
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