LRB-4140/5
JTK:jlg:ijs
1997 - 1998 LEGISLATURE
February 11, 1998 - Introduced by Representatives Seratti, Gard, Goetsch, F.
Lasee, Albers, Grothman and Jeskewitz. Referred to Committee on State
Affairs.
AB788,1,4
1An Act to create 14.11 (2) (am) of the statutes;
relating to: the retention of
2special counsel to prosecute certain actions with respect to the boundaries of the
3Indian reservations located in this state and the rights of non-Indians owning
4property within those reservations.
Analysis by the Legislative Reference Bureau
This bill directs the governor to employ special counsel for the following
purposes: 1) prosecuting a lawsuit to obtain a judgment declaring the legal
boundaries of any Indian reservation located within this state, whenever a
substantial question exists concerning the location of such boundaries and the public
interest requires resolution of that question; and 2) whenever the public interest so
requires, prosecuting a lawsuit to ensure that the civil and property rights of
non-Indians who own property within the exterior boundaries of any Indian
reservation located within this state are respected. Under the bill, counsel is to be
employed by contract which must specify the maximum amount of the compensation
to be paid to the counsel.
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:
AB788, s. 1
5Section
1. 14.11 (2) (am) of the statutes is created to read:
AB788,1,76
14.11
(2) (am) The governor shall employ special counsel for the following
7purposes:
AB788,2,4
11. To prosecute an action seeking a judgment, in a court of competent
2jurisdiction, declaring the legal boundaries of any Indian reservation located within
3this state, whenever a substantial question exists concerning the location of such
4boundaries and the public interest requires resolution of that question.
AB788,2,95
2. To seek a declaratory judgment in a court of competent jurisdiction,
6whenever the public interest so requires, to ensure that the civil and property rights,
7under the constitution and laws of the United States and of this state, of non-Indians
8who own property within the exterior boundaries of any Indian reservation located
9within this state are respected.
