2017 - 2018 LEGISLATURE
January 19, 2018 - Introduced by Representatives Schraa, Kulp, Tittl and Tusler,
cosponsored by Senator Feyen. Referred to Committee on Criminal Justice
and Public Safety.
1An Act to repeal
942.10; to renumber and amend
114.045 (1) and 114.105; to
114.04 and 114.045 (3); and to create
114.045 (1) (b), 114.045 (1) (c), 3
114.105 (1), 114.105 (3) and 114.105 (4) (b) of the statutes; relating to: the
4operation and regulation of unmanned aircraft and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill prohibits the operation of a drone in certain manners and prohibits a
political subdivision from regulating the ownership or operation of a drone.
Current law prohibits the operation of a drone over a state correctional
institution and the use of a drone with the intent to photograph, record, or otherwise
observe another individual in a place or location where the individual has a
reasonable expectation of privacy. This bill also prohibits the operation of a drone
in any of the following manners: 1) so as to interfere with the official duties of a police
officer, fire fighter, emergency medical responder, emergency medical services
practitioner, or search and rescue officer; 2) so as to constitute stalking or criminal
harassment; 3) so as to violate a restraining order or other judicial order; and 4) if
an individual is required to register as a sex offender and is prohibited from taking
these actions, for the purpose of following or contacting or photographing, recording,
or otherwise observing another individual.
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:
114.04 of the statutes is amended to read:
2114.04 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 4
or spacecraft over the lands and waters of this state is lawful, unless at such a low 5
altitude as to interfere with the then existing use to which the land or water, or the 6
space over the land or water, is put by the owner, or unless so conducted as to be 7
imminently dangerous or damaging to persons or property lawfully on the land or 8
water beneath. The landing of an aircraft or spacecraft on the lands or waters of 9
another, without the person's consent, is unlawful, except in the case of a forced 10
landing. For damages caused by a forced landing, however, the owner or lessee of the 11
aircraft or spacecraft or the aeronaut or astronaut shall be liable, as provided in s. 12
114.045 (1) of the statutes is renumbered 114.045 (1) (intro.) and 14
amended to read:
(intro.) No person may operate a drone, as defined in s. 114.105 (1) 16
(a), over in any of the following manners:
a correctional institution, as defined in s. 801.02 (7) (a) 1., including 18
any grounds of the institution.
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 2
fighter, emergency medical responder, emergency medical services practitioner, or 3
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 6
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 9
individual in a place or location where the individual has a reasonable expectation 10
4. If an individual is required to register as a sex offender and is prohibited from 12
taking these actions, for the purpose of following or contacting or photographing, 13
recording, or otherwise observing another individual.
114.045 (3) of the statutes is amended to read:
A law enforcement officer investigating an alleged violation of sub. 16
shall seize and transfer to the department of corrections or authority in charge 17
of the correctional institution any photograph, motion picture, other visual 18
representation, or data that represents a visual image that was created or recorded 19
by a drone during an alleged violation of sub. (1) (a)
114.105 of the statutes is renumbered 114.105 (2) and amended to 21
114.105 (2) Any county, town, city or village A political subdivision
may adopt 23
any ordinance in strict conformity with the provisions of this chapter and impose the 24
same penalty for violation of any of its provisions except that
ordinance shall 25under this subsection may
not provide for the suspension or revocation of pilot or
aircraft licenses or certificates and shall
not provide for imprisonment except 2
for 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.
114.105 (4) (b) of the statutes is created to read:
(b) Except as provided in this section, no political subdivision may 20
regulate the ownership or operation of a drone.
942.10 of the statutes is repealed.