April 9th Large Animal Study Committee Page One (2/2)

Back          April 9 Agenda 1/2


       g. Other;

8. Proposed Scoe of Work: Jason Fischbach / Advisory members

9. Logistics:

      a. Calendar and Meeting Frequency:

      b. Per Diem and Reimbursements;

      c. Budget;

      d. Meeting Material Distribution;

10. Future Meeting Dates and Times;

11. Adjournment.



2890/1MPG:klm2015 - 2016 LEGISLATURE2015 ASSEMBLY BILL 620                                               December 29, 2015 - Introduced by Representatives R. BrooksGannonAllenBornCzajaKnodlSwearingenVorpagel and Sanfelippo, cosponsored by Senators Kapenga and Stroebel. Referred to Committee on Environment and Forestry.1An Act to amend 157.70 (2r) and 157.70 (5) (a); and to create 157.70 (5g) and 2157.70 (5r) of the statutes; relating to: requirements for cataloged burial sites.Analysis by the Legislative Reference BureauThis bill establishes a procedure for owners of burial sites that are currently cataloged by the director of the State Historical Society and owners of certain land contiguous to cataloged burial sites to challenge the existence of human remains in the burial site. Current law requires the director to identify and record in a catalog burial sites and, for land not platted for use as a cemetery, sufficient contiguous land necessary to protect burial sites from disturbance. Subject to certain exceptions, the disturbance of burial sites and cataloged land contiguous to burial sites is prohibited.Under the bill, the director must issue a permit for the investigation of a cataloged burial site to the owner of the burial site or to the owner of cataloged land contiguous to the burial site if the burial site was cataloged before the date the bill becomes law and the owner disputes the existence of human remains in the burial site and applies for a permit. An owner issued a permit under the bill may, at the owner's own expense, investigate the site for evidence of human remains using investigational methods set forth in the bill. If the investigation finds no evidence of human remains in the burial site, the director is required to remove the burial site and contiguous land from the catalog.For land that is cataloged on or after the date on which the bill becomes law, the bill provides that no burial site on private property and no private land that is contiguous to a burial site may be cataloged unless the director establishes that human remains are present in the burial site based on investigational methods set forth in the bill.For further information see the state 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:1Section 1.  157.70 (2r) of the statutes is amended to read:2157.70 (2r)  Site disturbance prohibited. Except as provided under subs. (4) 3and, (5), (5g), and (5r) and ss. 157.111 and 157.112, no person may intentionally cause 4or permit the disturbance of a burial site or cataloged land contiguous to a cataloged 5burial site. This subsection does not prohibit normal agricultural or silvicultural 6practices which do not disturb the human remains in a burial site or the surface 7characteristics of a burial site.8Section 2.  157.70 (5) (a) of the statutes is amended to read:9157.70 (5) (a)  No Except as provided under subs. (5g) and (5r), no person may 10intentionally cause or permit the disturbance of a cataloged burial site or the 11cataloged land contiguous to a cataloged burial site without a permit from the 12director issued under this subsection.13Section 3.  157.70 (5g) of the statutes is created to read:14157.70 (5g)  Investigations of certain cataloged burial sites. (a) The director 15shall issue a permit for the investigation of a cataloged burial site under par. (b) to 16the owner of that burial site or to the owner of cataloged land contiguous to that 17burial site within 30 days after receiving an application for a permit under this 18subsection if all of the following conditions are satisfied:191. The burial site was cataloged before the effective date of this paragraph .... 20[LRB inserts date].12. The owner disputes the existence of human remains in the burial site and 2applies for a permit under this subsection.3(b) An owner issued a permit under par. (a) may, at the owner's own expense, 4investigate the burial site for evidence of human remains using ground-penetrating 5radar, other imaging technology, or archaeological excavation and examination. The 6historical society shall provide the owner with a list of archaeologists and imaging 7technicians approved by the historical society, and the investigation under this 8paragraph shall be conducted by an archaeologist or imaging technician chosen by 9the owner from that list.10(c) If an investigation under par. (b) finds no evidence of human remains in the 11burial site, the director shall remove the burial site and the cataloged land 12contiguous to the burial site from the catalog.13Section 4.  157.70 (5r) of the statutes is created to read:14157.70 (5r)  Evidence of human remains required. No burial site on private 15property and no private land that is contiguous to a burial site may be cataloged on 16or after the effective date of this subsection .... [LRB inserts date], unless the director 17establishes that human remains are present in the burial site through written 18historical records corroborated by the results of ground-penetrating radar, other 19imaging technology, or archaeological excavation and examination.20(end)