The operation of drones over school property and providing a penalty, the official text

2025 - 2026 LEGISLATURE
LRB-4736/1
EVM:wlj&cdc

2025 ASSEMBLY BILL 530
October 15, 2025 - Introduced by Representatives Kitchens, Franklin, Steffen, Behnke, Dittrich, Goodwin, Gundrum, Knodl, Melotik, Murphy, Mursau, O'Connor, Penterman, Piwowarczyk, Sheehan, Sinicki, Stroud and Wichgers, cosponsored by Senators James, Marklein and Tomczyk. Referred to Committee on Science, Technology, and AI.

An Act to renumber and amend 114.045 (1) and 114.045 (3); to amend 114.045 (2); to create 114.045 (1b), 114.045 (1m) (b) and 114.045 (3) (b) of the statutes; relating to: the operation of drones over school property and providing a penalty.

Analysis by the Legislative Reference Bureau
Current law prohibits the operation of a drone over a correctional institution without the express authorization of the secretary of corrections for a state facility or of the sheriff of the county for a county facility. A person who violates this prohibition is subject to a forfeiture of up to $5,000.
This bill prohibits the operation of a drone over a property owned by a public, private, or tribal school or on which a public, private, or tribal school is located with the following exceptions: 1) with the express authorization of the school board, governing body, or governing board with jurisdiction over the school; and 2) for limited purposes at the direction of the chief of a public protective services agency with jurisdiction over the territory on which the school property is located. The penalty for a violation of this prohibition is the same as for a violation of the restriction of operating a drone over a correctional institution.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

Section 1. 114.045 (1) of the statutes is renumbered 114.045 (1m) (intro.) and amended to read:
114.045 (1m) (intro.) No person may operate a drone, as defined in s. 941.292 (1), over in any of the following manners:
(a) Over a correctional institution, as defined in s. 801.02 (7) (a) 1., including any grounds of the institution, except that a person may operate a drone over an institution that is a state facility with the express authorization of the secretary of corrections or his or her designee or over an institution that is a county facility with the express authorization of the sheriff of the county or his or her designee.
Section 2. 114.045 (1b) of the statutes is created to read:
114.045 (1b) In this section:
(a) “Private school” has the meaning given in s. 115.001 (3r).
(b) “Public protective services agency” means a law enforcement agency, a tribal law enforcement agency, or a fire protection or emergency medical services agency.
(c) “Public school” means an elementary or high school. “Public school” includes a charter school.
(d) “School” means a public school, private school, or tribal school.
(e) “Tribal school” has the meaning given in s. 115.001 (15m).
Section 3. 114.045 (1m) (b) of the statutes is created to read:
114.045 (1m) (b) Over a property owned by a school or on which a school is located, except in any of the following situations:

1. With the express authorization of the school board, governing body, or governing board having jurisdiction over the school or their designee.
2. At the direction of the chief of a public protective services agency having jurisdiction over the territory on which the school property is located for any of the following purposes:
a. To assist in an active search and rescue operation.
b. To locate an escaped prisoner.
c. To surveil a place or location for the purpose of executing an arrest warrant.
d. When a law enforcement officer has reasonable suspicion to believe that the use of a drone is necessary to prevent imminent danger to an individual or to prevent imminent destruction of evidence.
Section 4. 114.045 (2) of the statutes is amended to read:
114.045 (2) Any person who violates sub. (1) (1m) may be required to forfeit not more than $5,000.
Section 5. 114.045 (3) of the statutes is renumbered 114.045 (3) (a) and amended to read:
114.045 (3) (a) A law enforcement officer investigating an alleged violation of sub. (1) (1m) shall seize and transfer to the department of corrections or authority in charge of the correctional institution any photograph, motion picture, other visual representation, or data that represents a visual image that was created or recorded by a drone during an alleged violation of sub. (1) (1m).
Section 6. 114.045 (3) (b) of the statutes is created to read:
114.045 (3) (b) Items seized under par. (a) shall be, for a violation under sub. (1m) (a), transferred to the department of corrections or authority in charge of the
correctional institution or, for a violation under sub. (1m) (b), transferred to or retained by a law enforcement agency having jurisdiction over the territory on which the school property is located.
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