LRB-1753/1
RNK:jld:jf
2007 - 2008 LEGISLATURE
August 7, 2007 - Introduced by Representatives Albers, Friske, Hahn and
Jeskewitz, cosponsored by Senator Schultz. Referred to Committee on
Natural Resources.
AB479,1,3
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 as 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 the person
who made the discovery gave notice to the property owner by certified mail at least
48 hours before entering the property that he or she intended to enter the property.
The bill requires the notice to be dated in a manner that shows that it was mailed
at least seven days before the person entered the property.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB479, s. 1
1Section
1. 901.08 of the statutes is created to read:
AB479,2,3
2901.08 Admissibility of evidence of the discovery of an endangered or
3threatened species.
AB479,2,4
4(1) In this section:
AB479,2,55
(a) "Endangered species" has the meaning given in s. 29.604 (2) (a).
AB479,2,66
(b) "Threatened species" has the meaning given in s. 29.604 (2) (b).
AB479,2,14
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 the person gave notice to the property owner by certified mail at
11least 48 hours before entering the property that he or she intended to enter that
12property. A notice given under this subsection meets the requirements of this
13subsection only if it is dated in a manner that demonstrates that it was mailed to the
14property owner at least 7 days before the person entered the property.
