LRB-3721/2
RNK:kjf:pg
2005 - 2006 LEGISLATURE
December 20, 2005 - Introduced by Representatives Albers, Musser and Hahn.
Referred to Committee on Judiciary.
AB884,1,3
1An Act to create 901.08 of the statutes;
relating to: the admissibility of
2evidence of the discovery of an endangered or threatened species during the
3course of certain proceedings.
Analysis by the Legislative Reference Bureau
Under current law, an endangered species is defined as a species whose
continued existence as a component of this state's wild animals or wild plants is
determined by the Department of Natural Resources to be in jeopardy on the basis
of scientific evidence. A threatened species is defined to mean a species of wild
animal or wild plant that appears likely to become endangered on the basis of
scientific evidence. This bill provides that evidence of the discovery of an endangered
or threatened species by a person who is on the private property of another is not
admissible during the course of a civil, criminal, legislative, or administrative
proceeding unless certain conditions apply. The evidence is admissible if: 1) the
person who made the discovery was expressly permitted on the property by an owner
of the property; 2) the identity of the person who made the discovery is disclosed to
a property owner before the proceeding begins if the person may testify at the
proceeding; and 3) a person with expertise in the area of the endangered or
threatened species alleged to be discovered testifies at the proceeding that the
species discovered on the property was an endangered or threatened species.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB884, s. 1
1Section
1. 901.08 of the statutes is created to read:
AB884,2,3
2901.08 Admissibility of evidence of the discovery of an endangered or
3threatened species.
AB884,2,4
4(1) In this section:
AB884,2,55
(a) "Endangered species" has the meaning given in s. 29.604 (2) (a).
AB884,2,66
(b) "Threatened species" has the meaning given in s. 29.604 (2) (b).
AB884,2,10
7(2) Evidence of the discovery of an endangered or threatened species by a
8person while on the private property of another is not admissible during the course
9of a civil or criminal proceeding, a legislative proceeding, or an administrative
10proceeding, unless all of the following apply:
AB884,2,1211
(a) The person who made the discovery was expressly permitted to be on the
12property by an owner of the property.
AB884,2,1513
(b) If the person who made the discovery may testify at the proceeding, an
14owner of the private property is advised of the person's identity before the proceeding
15takes place.
AB884,2,1816
(c) There is testimony at the proceeding by a person with expertise in the area
17of the endangered or threatened species alleged to have been discovered that verifies
18that the species discovered on the property was an endangered or threatened species.
