LRB-3561/1
JEO:jlg:lp
1997 - 1998 LEGISLATURE
September 30, 1997 - Introduced by Representatives Baumgart, Black, La Fave
and Robson, cosponsored by Senator C. Potter. Referred to Committee on
Natural Resources.
AB545,1,3
1An Act to amend 943.13 (1m) (a), 943.13 (1m) (f) and 943.13 (2) (intro.); and
to
2create 943.13 (1e) (ej) and 943.13 (1m) (g) of the statutes;
relating to: trespass
3to land.
Analysis by the Legislative Reference Bureau
Current law prohibits trespassing. Generally, a person is guilty of trespassing
if he or she does any of the following: 1) enters or remains on any land of another after
having been notified (by "no trespassing" signs or otherwise) not to enter or remain
on the land; or 2) enters enclosed, cultivated or undeveloped land of another, or any
land of another that is occupied by a structure used for agricultural purposes,
without the express or implied consent of the owner or occupant, except that, with
respect to undeveloped private land that abuts a parcel of land that is owned by the
United States, this state or a local governmental unit, a person is guilty of
trespassing only if he or she enters or remains on such land after having been notified
(by "no trespassing" signs or otherwise) not to enter or remain on the land. A person
who is found guilty of trespassing may be required to forfeit not more than $1,000.
This bill provides that, with respect to undeveloped private land that abuts a
parcel of land that is either leased by the United States, this state or a local
governmental unit or subject to a public access requirement, a person is guilty of
trespassing only if he or she enters or remains on such land after having been notified
(by "no trespassing" signs or otherwise) not to enter or remain on the land. Under
the bill, a public access requirement is any requirement under a federal, state or local
law that private land to which the law applies must be open to public access,
including a requirement that the public have access only for specified purposes (such
as hunting).
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB545, s. 1
1Section
1. 943.13 (1e) (ej) of the statutes is created to read:
AB545,2,42
943.13
(1e) (ej) "Public access requirement" means any requirement under a
3federal, state or local law that private land to which the law applies must be open
4to public access, including access for specified purposes only.
AB545, s. 2
5Section
2. 943.13 (1m) (a) of the statutes is amended to read:
AB545,2,86
943.13
(1m) (a) Enters any enclosed, cultivated or undeveloped land of another,
7other than undeveloped land specified in par. (e)
or, (f)
or (g), without the express or
8implied consent of the owner or occupant.
AB545, s. 3
9Section
3. 943.13 (1m) (f) of the statutes is amended to read:
AB545,2,1310
943.13
(1m) (f) Enters undeveloped private land from an abutting parcel of
11land that is owned
or leased by the United States, this state or a local governmental
12unit, or remains on such land, after having been notified by the owner or occupant
13not to enter or remain on the land.
AB545, s. 4
14Section
4. 943.13 (1m) (g) of the statutes is created to read:
AB545,2,1815
943.13
(1m) (g) Enters undeveloped private land from an abutting parcel of
16private land that is open to the public under a public access requirement, or remains
17on such land, after having been notified by the owner or occupant not to enter or
18remain on the land.
AB545, s. 5
19Section
5. 943.13 (2) (intro.) of the statutes is amended to read:
AB545,3,220
943.13
(2) (intro.) A person has received notice from the owner or occupant
21within the meaning of sub. (1m) (b), (e)
or, (f)
or (g) if he or she has been notified
1personally, either orally or in writing, or if the land is posted. Land is considered to
2be posted under this subsection under either of the following procedures:
AB545,3,54
(1) This act applies to offenses occurring on or after the effective date of this
5subsection.
