2015 - 2016 LEGISLATURE
January 29, 2016 - Offered by Senator Gudex.
SB498-SSA1,1,2 1An Act to amend 114.04; and to create 114.045 of the statutes; relating to: the
2operation of drones over correctional institutions and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB498-SSA1,1 3Section 1. 114.04 of the statutes is amended to read:
SB498-SSA1,2,2 4114.04 Flying and landing, limitations. Subject to s. 175.55, and except as
5provided in s. ss. 114.045 and 942.10, flight of or in aircraft or spacecraft over the
6lands and waters of this state is lawful, unless at such a low altitude as to interfere
7with the then existing use to which the land or water, or the space over the land or
8water, is put by the owner, or unless so conducted as to be imminently dangerous or
9damaging to persons or property lawfully on the land or water beneath. The landing
10of an aircraft or spacecraft on the lands or waters of another, without the person's
11consent, is unlawful, except in the case of a forced landing. For damages caused by

1a forced landing, however, the owner or lessee of the aircraft or spacecraft or the
2aeronaut or astronaut shall be liable, as provided in s. 114.05.
SB498-SSA1,2 3Section 2. 114.045 of the statutes is created to read:
SB498-SSA1,2,6 4114.045 Limitation on the operation of drones. (1) No person may operate
5a drone, as defined in s. 114.105 (1) (a), over a correctional institution, as defined in
6s. 801.02 (7) (a) 1., including any grounds of the institution.
SB498-SSA1,2,8 7(2) Any person who violates sub. (1) may be required to forfeit not more than
SB498-SSA1,2,13 9(3) A law enforcement officer investigating an alleged violation of sub. (1) shall
10seize and transfer to the department of corrections or authority in charge of the
11correctional institution any photograph, motion picture, other visual representation,
12or data that represents a visual image that was created or recorded by a drone during
13an alleged violation of sub. (1).