2017 - 2018 LEGISLATURE
February 13, 2018 - Offered by Representative Schraa.
AB855-ASA2,1,4 1An Act to renumber and amend 114.105; to amend 114.04 and 175.55 (1) (a);
2and to create 114.105 (1), 114.105 (3) and 114.105 (4) (b) of the statutes;
3relating to: the operation and regulation of unmanned aircraft and providing
4a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB855-ASA2,1 5Section 1. 114.04 of the statutes is amended to read:
AB855-ASA2,2,5 6114.04 Flying and landing, limitations. Subject to s. ss. 114.105 (3) and
7175.55, and except as provided in ss. 114.045 and 942.10, flight of or in aircraft or
8spacecraft over the lands and waters of this state is lawful, unless at such a low
9altitude as to intentionally interfere with the then existing use to which the land or
10water, or the space over the land or water, is put by the owner, or unless so conducted
11as to be imminently dangerous or damaging to persons or property lawfully on the

1land or water beneath. The landing of an aircraft or spacecraft on the lands or waters
2of another, without the person's consent, is unlawful, except in the case of a forced
3landing. For damages caused by a forced landing, however, the owner or lessee of the
4aircraft or spacecraft or the aeronaut or astronaut shall be liable, as provided in s.
AB855-ASA2,2 6Section 2 . 114.105 of the statutes is renumbered 114.105 (2) and amended to
AB855-ASA2,2,138 114.105 (2) Any county, town, city or village A political subdivision may adopt
9any ordinance in strict conformity with the provisions of this chapter and impose the
10same penalty for violation of any of its provisions except that such an ordinance shall
11under this subsection may not provide for the suspension or revocation of pilot or
12aircraft licenses or certificates and shall not provide for imprisonment except for
13failure to pay any fine which may be imposed
AB855-ASA2,2,19 14(4) (a) No local authority shall political subdivision may enact any ordinance
15governing aircraft or aeronautics or spacecraft or astronautics contrary to or
16inconsistent with the provisions of this chapter or federal law. Every court in which
17a violation of such ordinance is prosecuted shall make a written report of any
18conviction (including bail or appearance money forfeiture) to the federal aviation
AB855-ASA2,3 20Section 3 . 114.105 (1) of the statutes is created to read:
AB855-ASA2,2,2121 114.105 (1) In this section:
AB855-ASA2,2,2322 (a) “Drone" means an aircraft operated without the possibility of direct human
23intervention from within or on the aircraft.
AB855-ASA2,2,2424 (b) “Political subdivision" means a city, village, town, or county.
AB855-ASA2,4 25Section 4 . 114.105 (3) of the statutes is created to read:
1114.105 (3) A political subdivision may enact an ordinance limiting the use of
2drones by the political subdivision.
AB855-ASA2,5 3Section 5. 114.105 (4) (b) of the statutes is created to read:
AB855-ASA2,3,54 114.105 (4) (b) Except as provided in sub. (3), no political subdivision may
5regulate the ownership or operation of a drone.
AB855-ASA2,6 6Section 6 . 175.55 (1) (a) of the statutes is amended to read:
AB855-ASA2,3,117 175.55 (1) (a) “Drone" means a powered, aerial vehicle that carries or is
8equipped with a device that, in analog, digital, or other form, gathers, records, or
9transmits a sound or image, that does not carry a human operator, uses aerodynamic
10forces to provide vehicle lift, and can fly autonomously or be piloted remotely. A drone
11may be expendable or recoverable
has the meaning given in s. 114.105 (1) (a).