Bills · 2009-2010 Regular Session
partially exempting an assessor and an assessor's staff from liability for trespassing, creating immunity from civil liability, and changing the notice requirements related to the revaluation of property by an assessor.
- Introduced, stopped here
- Passes Senate, not reached
- Passes Assembly, not reached
- Governor signs, not reached
- Law, not reached
Unfamiliar terms? Glossary
What this bill does
Plain-language analysis by the nonpartisan 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 certain 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, and the assessor or assessor's staff must not have received notice from the owner
or occupant of the land not to enter or remain on the premises.
The bill also provides immunity from civil liability for the owner or person in
lawful possession of premises for any injury to or death of an assessor or a member
of an assessor's staff who enters a construction site without permission to make an
assessment. The immunity does not apply if the injury or death resulted from
reckless, wanton, or intentional misconduct of the owner or person in lawful
possession of the premises.
Under current law, each taxation district is required to assess property at full
value at least once every five years. Under this bill, before a city, village, or town
(municipal) assessor may conduct a revaluation of property, the municipality must
publish a notice on its Web site, or post in at least three public places if it has no Web
site, that a revaluation will occur. The notice must state the approximate dates of
the revaluations and describe the authority of an assessor to enter land.
Sponsors
Votes
Senate: Report introduction and adoption of Senate Amendment 1 to Senate Substitute Amendment 1 recommended by committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing, Ayes 5, Noes 0 by committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing
Passed 5–0 Sep 16, 2009 official source full pageNo individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.
Full history
- Feb 27, 2009 · Senate
Introduced by Senators Holperin, Risser, Lehman, Hansen, Coggs, Lassa and Plale;Cosponsored by Representatives Hubler, Wood, Berceau, A. Ott, Mursau, Brooks, Friske, Strachota and Lothian
- Feb 27, 2009 · Senate
Read first time and referred to committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing
- Jul 22, 2009 · Senate
Senate substitute amendment 1 offered by Senator Holperin
- Aug 18, 2009 · Senate
Public hearing held
- Sep 15, 2009 · Senate
Executive action taken
- Sep 16, 2009 · Senate
Report introduction and adoption of Senate Amendment 1 to Senate Substitute Amendment 1 recommended by committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing, Ayes 5, Noes 0 by committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing
- Sep 16, 2009 · Senate
Report adoption of Senate Substitute Amendment 1 recommended by committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing, Ayes 5, Noes 0
- Sep 16, 2009 · Senate
Report passage as amended recommended by committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing, Ayes 4, Noes 1
- Sep 16, 2009 · Senate
Available for scheduling
- Oct 22, 2009 · Senate
Placed on calendar 10-27-2009 by committee on Senate Organization
- Oct 27, 2009 · Senate
Read a second time
- Oct 27, 2009 · Senate
Laid on the table
- Apr 28, 2010 · Senate
Failed to pass pursuant to Senate Joint Resolution 1