2017 - 2018 LEGISLATURE
February 5, 2018 - Offered by Representative Schraa.
AB855-ASA1,1,5 1An Act to repeal 942.10; to renumber and amend 114.045 (1) and 114.105; to
114.04, 114.045 (3) and 175.55 (2); and to create 114.045 (1) (b),
3114.045 (1) (c), 114.045 (1) (d), 114.045 (4), 114.105 (1), 114.105 (3) and 114.105
4(4) (b) of the statutes; relating to: the operation and regulation of unmanned
5aircraft and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB855-ASA1,1 6Section 1. 114.04 of the statutes is amended to read:
AB855-ASA1,2,6 7114.04 Flying and landing, limitations. Subject to s. ss. 114.105 (3)
175.55, and except as provided in ss. s. 114.045 and 942.10, flight of or in aircraft
9or spacecraft over the lands and waters of this state is lawful, unless at such a low
10altitude as to interfere with the then existing use to which the land or water, or the
11space over the land or water, is put by the owner, or unless so conducted as to be

1imminently dangerous or damaging to persons or property lawfully on the land or
2water beneath. The landing of an aircraft or spacecraft on the lands or waters of
3another, without the person's consent, is unlawful, except in the case of a forced
4landing. For damages caused by a forced landing, however, the owner or lessee of the
5aircraft or spacecraft or the aeronaut or astronaut shall be liable, as provided in s.
AB855-ASA1,2 7Section 2. 114.045 (1) of the statutes is renumbered 114.045 (1) (intro.) and
8amended to read:
AB855-ASA1,2,109 114.045 (1) (intro.) No person may operate a drone, as defined in s. 114.105 (1)
10(a), over in any of the following manners:
AB855-ASA1,2,12 11(a) Over a correctional institution, as defined in s. 801.02 (7) (a) 1., including
12any grounds of the institution, without consent of the warden, or his or her designee.
AB855-ASA1,3 13Section 3. 114.045 (1) (b) of the statutes is created to read:
AB855-ASA1,2,1614 114.045 (1) (b) So as to interfere with the official duties of a police officer, fire
15fighter, emergency medical responder, emergency medical services practitioner, or
16search and rescue officer.
AB855-ASA1,4 17Section 4. 114.045 (1) (c) of the statutes is created to read:
AB855-ASA1,2,1918 114.045 (1) (c) 1. So as to constitute stalking under s. 940.32 or harassment
19under s. 947.013.
AB855-ASA1,2,2020 2. So as to violate a restraining order or other judicial order.
AB855-ASA1,2,2321 3. For the purpose of photographing, recording, or otherwise observing another
22individual in a place or location where the individual has a reasonable expectation
23of privacy.
14. If an individual is required to register as a sex offender and is prohibited from
2taking these actions, for the purpose of following or contacting or photographing,
3recording, or otherwise observing another individual.
AB855-ASA1,5 4Section 5 . 114.045 (1) (d) of the statutes is created to read:
AB855-ASA1,3,65 114.045 (1) (d) Near critical infrastructure designated under sub. (4) during a
6state of emergency declared under s. 323.10.
AB855-ASA1,6 7Section 6. 114.045 (3) of the statutes is amended to read:
AB855-ASA1,3,128 114.045 (3) A law enforcement officer investigating an alleged violation of sub.
9(1) (a) shall seize and transfer to the department of corrections or authority in charge
10of the correctional institution any photograph, motion picture, other visual
11representation, or data that represents a visual image that was created or recorded
12by a drone during an alleged violation of sub. (1) (a).
AB855-ASA1,7 13Section 7 . 114.045 (4) of the statutes is created to read:
AB855-ASA1,3,1814 114.045 (4) If the governor declares a state of emergency under s. 323.10, the
15governor or, upon designation by the governor, the adjutant general, may designate
16critical infrastructure near which drones may not be operated. Designations of
17critical infrastructure under this subsection shall be based on immediate threats to
18public health and safety.
AB855-ASA1,8 19Section 8 . 114.105 of the statutes is renumbered 114.105 (2) and amended to
AB855-ASA1,4,221 114.105 (2) Any county, town, city or village A political subdivision may adopt
22any ordinance in strict conformity with the provisions of this chapter and impose the
23same penalty for violation of any of its provisions except that such an ordinance shall
24under this subsection may not provide for the suspension or revocation of pilot or

1aircraft licenses or certificates and shall may not provide for imprisonment except
2for failure to pay any fine which may be imposed
AB855-ASA1,4,8 3(4) (a) No local authority shall political subdivision may enact any ordinance
4governing aircraft or aeronautics or spacecraft or astronautics contrary to or
5inconsistent with the provisions of this chapter or federal law. Every court in which
6a violation of such ordinance is prosecuted shall make a written report of any
7conviction (including bail or appearance money forfeiture) to the federal aviation
AB855-ASA1,9 9Section 9 . 114.105 (1) of the statutes is created to read:
AB855-ASA1,4,1010 114.105 (1) In this section:
AB855-ASA1,4,1311 (a) “Drone" means a powered, aerial vehicle that does not carry a human
12operator, uses aerodynamic forces to provide vehicle lift, and can fly autonomously
13or be piloted remotely. A drone may be expendable or recoverable.
AB855-ASA1,4,1414 (b) “Political subdivision" means a city, village, town, or county.
AB855-ASA1,10 15Section 10 . 114.105 (3) of the statutes is created to read:
AB855-ASA1,4,2016 114.105 (3) A political subdivision may enact an ordinance limiting the use of
17drones by the political subdivision. If a political subdivision has in effect on the
18effective date of this subsection .... [LRB inserts date], an ordinance that is
19inconsistent with this subsection, the ordinance does not apply and may not be
AB855-ASA1,11 21Section 11. 114.105 (4) (b) of the statutes is created to read:
AB855-ASA1,4,2322 114.105 (4) (b) Except as provided in sub. (3), no political subdivision may
23regulate the ownership or operation of a drone.
AB855-ASA1,12 24Section 12 . 175.55 (2) of the statutes is amended to read:
1175.55 (2) No Wisconsin law enforcement agency may intentionally use a drone
2to gather evidence or other information in a criminal investigation from or at a place
3or location where an individual has a reasonable expectation of privacy without first
4obtaining a search warrant under s. 968.12. This subsection does not apply to the
5use of a drone in a public place or to assist in an active search and rescue operation,
6to locate an escaped prisoner, to surveil a place or location for the purpose of
7executing an a search or arrest warrant, or if a law enforcement officer has
8reasonable suspicion to believe that the use of a drone is necessary to prevent
9imminent danger to an individual or to prevent imminent destruction of evidence.
AB855-ASA1,13 10Section 13. 942.10 of the statutes is repealed.