2017 - 2018 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 855
February 5, 2018 - Offered by Representative Schraa.
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), 3
114.045 (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:
114.04 of the statutes is amended to read:
7114.04 Flying and landing, limitations.
Subject to s. ss. 114.105 (3)
175.55, and except as provided in ss.
114.045 and 942.10
, flight of or in aircraft 9
or spacecraft over the lands and waters of this state is lawful, unless at such a low 10
altitude as to interfere with the then existing use to which the land or water, or the 11
space over the land or water, is put by the owner, or unless so conducted as to be
imminently dangerous or damaging to persons or property lawfully on the land or 2
water beneath. The landing of an aircraft or spacecraft on the lands or waters of 3
another, without the person's consent, is unlawful, except in the case of a forced 4
landing. For damages caused by a forced landing, however, the owner or lessee of the 5
aircraft or spacecraft or the aeronaut or astronaut shall be liable, as provided in s. 6
114.045 (1) of the statutes is renumbered 114.045 (1) (intro.) and 8
amended to read:
(intro.) No person may operate a drone, as defined in s. 114.105 (1) 10
(a), over in any of the following manners:
a correctional institution, as defined in s. 801.02 (7) (a) 1., including 12
any grounds of the institution, without consent of the warden, or his or her designee
114.045 (1) (b) of the statutes is created to read:
(b) So as to interfere with the official duties of a police officer, fire 15
fighter, emergency medical responder, emergency medical services practitioner, or 16
search and rescue officer.
114.045 (1) (c) of the statutes is created to read:
(c) 1. So as to constitute stalking under s. 940.32 or harassment 19
under s. 947.013.
2. So as to violate a restraining order or other judicial order.
3. For the purpose of photographing, recording, or otherwise observing another 22
individual in a place or location where the individual has a reasonable expectation 23
4. If an individual is required to register as a sex offender and is prohibited from 2
taking these actions, for the purpose of following or contacting or photographing, 3
recording, or otherwise observing another individual.
114.045 (1) (d) of the statutes is created to read:
(d) Near critical infrastructure designated under sub. (4) during a 6
state of emergency declared under s. 323.10.
114.045 (3) of the statutes is amended to read:
A law enforcement officer investigating an alleged violation of sub. 9
shall seize and transfer to the department of corrections or authority in charge 10
of the correctional institution any photograph, motion picture, other visual 11
representation, or data that represents a visual image that was created or recorded 12
by a drone during an alleged violation of sub. (1) (a)
114.045 (4) of the statutes is created to read:
If the governor declares a state of emergency under s. 323.10, the 15
governor or, upon designation by the governor, the adjutant general, may designate 16
critical infrastructure near which drones may not be operated. Designations of 17
critical infrastructure under this subsection shall be based on immediate threats to 18
public health and safety.
114.105 of the statutes is renumbered 114.105 (2) and amended to 20
114.105 (2) Any county, town, city or village A political subdivision
may adopt 22
any ordinance in strict conformity with the provisions of this chapter and impose the 23
same penalty for violation of any of its provisions except that
ordinance shall 24under this subsection may
not provide for the suspension or revocation of pilot or
aircraft licenses or certificates and shall
not provide for imprisonment except
2for failure to pay any fine which may be imposed
No local authority shall political subdivision may
enact any ordinance 4
governing aircraft or aeronautics or spacecraft or astronautics contrary to or 5
inconsistent 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
114.105 (1) of the statutes is created to read:
In this section:
(a) “Drone" means a powered, aerial vehicle that does not carry a human 12
operator, uses aerodynamic forces to provide vehicle lift, and can fly autonomously 13
or be piloted remotely. A drone may be expendable or recoverable.
(b) “Political subdivision" means a city, village, town, or county.
114.105 (3) of the statutes is created to read:
A political subdivision may enact an ordinance limiting the use of 17
drones by the political subdivision. If a political subdivision has in effect on the 18
effective date of this subsection .... [LRB inserts date], an ordinance that is 19
inconsistent with this subsection, the ordinance does not apply and may not be 20
114.105 (4) (b) of the statutes is created to read:
(b) Except as provided in sub. (3), no political subdivision may 23
regulate the ownership or operation of a drone.
175.55 (2) of the statutes is amended to read:
No Wisconsin law enforcement agency may intentionally
use a drone 2
to gather evidence or other information in a criminal investigation from or at a place 3
or location where an individual has a reasonable expectation of privacy without first 4
obtaining a search warrant under s. 968.12. This subsection does not apply to the 5
use of a drone in a public place or to assist in an active search and rescue operation, 6
to locate an escaped prisoner, to surveil a place or location for the purpose of 7
executing an a search or
arrest warrant, or if a law enforcement officer has 8
reasonable suspicion to believe that the use of a drone is necessary to prevent 9
imminent danger to an individual or to prevent imminent destruction of evidence.