AB602: Bill Text

LRB-1843/2

MES:kjf:rs

2005 - 2006 LEGISLATURE

2005 Assembly BILL 602

August 12, 2005 - Introduced by Representatives Ott, Hubler, Loeffelholz, Kerkman, Gard, Turner, Lehman, Hundertmark, Vos, Ainsworth, Underheim, Musser, Black, Molepske, Van Roy, Steinbrink, Sinicki, Huebsch, Friske, Gielow, Gunderson, Hahn, Mursau, Townsend, Strachota and Hines, cosponsored by Senators Stepp, Erpenbach, Lazich, Breske and Lassa. Referred to Committee on Rural Affairs and Renewable Energy.

AB602,1,2 An Act to create 943.13 (4m) (d) and 943.15 (1m) of the statutes; relating to: exempting an assessor and an assessor's staff from liability for trespassing.

Analysis by the Legislative Reference Bureau

Generally under current trespass law, subject to a number of exceptions, a person who enters the land of another, without permission, is subject to a Class B forfeiture. The exceptions include a person authorized to enter land to remove a wild animal and a hunter entering land that is required to be open for hunting. Also under current trespass law, a person who enters the locked or posted construction site of another, without permission, is guilty of a Class A misdemeanor.

This bill creates an exception to the prohibitions against trespassing. Under this bill, the trespassing prohibitions do not apply to an assessor or an assessor's staff entering the land, or construction site, of another to make an assessment for the state or for a political subdivision (a city, village, town, or county). For the exception to apply, the bill requires the assessor or the assessor's staff to leave in a prominent place notice that the assessor or staff entered the land or construction site.

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:

AB602, s. 1 Section 1. 943.13 (4m) (d) of the statutes is created to read:

AB602,2,2 943.13 (4m) (d) An assessor and an assessor's staff entering the land, other than buildings, of another if all of the following apply:

AB602,2,4 1. The assessor or the assessor's staff enters the land in order to make an assessment on behalf of the state or a political subdivision.

AB602,2,8 2. The assessor or the assessor's staff leaves in a prominent place on the principal building on the land, or on the land if there is not a principal building, a notice informing the owner or occupant that the assessor or the assessor's staff entered the land and giving information on how to contact the assessor.

AB602, s. 2 Section 2. 943.15 (1m) of the statutes is created to read:

AB602,2,12 943.15 (1m) This section does not apply to an assessor and an assessor's staff entering the construction site, other than buildings, of another if all of the following apply:

AB602,2,14 (a) The assessor or the assessor's staff enters the construction site in order to make an assessment on behalf of the state or a political subdivision.

AB602,2,19 (b) The assessor or the assessor's staff leaves in a prominent place on the principal building at the construction site, or on the land if there is not a principal building, a notice informing the owner or occupant that the assessor or the assessor's staff entered the construction site and giving information on how to contact the assessor.

AB602,2,20 (End)