The bill is intended to accomplish two goals: a) to facilitate the work of GLIFWC
and its wardens in enforcing the off-reservation code; and b) to enable GLIFWC wardens
to assist state and local law enforcement agencies under certain circumstances.
Facilitating the Work of GLIFWC Wardens
To facilitate the work of GLIFWC wardens, the bill applies many provisions of the
criminal code and the conservation and motor vehicle statutes to them. In general, the
bill does the following:
1. Applies statutes regarding the protection of officers or interference with law
enforcement to all GLIFWC wardens. Examples of the statutes treated in this manner
are: s. 940.20 (2), stats., battery to a law enforcement officer; s. 941.21, stats., disarming
a peace officer; and s. 946.41, stats., resisting or obstructing an officer. The bill also
applies a number of other, miscellaneous statutes to all GLIFWC wardens, such as the
requirement that a peace officer provide first aid to a person in custody (s. 940.291, stats.),
communicable diseases (ch. 252, stats.), and the exception for peace officers to the
prohibition on shining animals (s. 29.314, stats.). The bill also applies to all GLIFWC
wardens the exceptions enjoyed by peace officers to various aspects of the motor vehicle
code, including exceptions to various rules of the road and various restrictions on vehicle
equipment.
2. Applies most statutes regarding the possession or use of firearms and other
weapons by peace officers to GLIFWC wardens who meet state certification standards.
Examples of statutes treated in this manner are exceptions for peace officers to
prohibitions against carrying concealed weapons (s. 941.23, stats.), and the use of pepper
spray (s. 941.26, stats.). The bill does not apply statutes authorizing the possession or
use of explosives or particularly dangerous weapons to any GLIFWC warden. Examples
of statutes in this category are exceptions for peace officers to prohibitions against the
possession or use of machine guns, short-barreled shotguns and rifles, explosives, and
other weapons.
3. Authorizes GLIFWC and its wardens to use the transaction information for
management of enforcement (TIME) system if GLIFWC agrees to contribute information
in its possession to the Department of Justice for addition to the TIME system. The TIME
system allows officers in the field to access information regarding criminal
investigations, suspected criminals, and outstanding warrants, as well as drivers' license
and vehicle registration information, using computers installed in their patrol vehicles.
4. Applies the statutes administered by the law enforcement standards board
(LESB) to GLIFWC wardens who agree to accept the duties of law enforcement officers
under the laws of this state, which makes a GLIFWC warden subject to the rules and
certification procedures of the LESB, and which is a prerequisite for exercising the
authority, as created by this bill, to make arrests for violations of state law and to render
aid and assistance to state peace officers.
5. Authorizes GLIFWC to receive from the Department of Transportation monthly
compilations of vehicle registration information, drivers' license and identification card
photographs, and other identifying information in the same manner that sheriffs and
chiefs of local police departments, among others, currently receive this information.
Authority to Arrest and Assist
The bill authorizes a GLIFWC warden to make an arrest for a violation of state law
in the ceded territory if the warden is responding to either: a) an emergency situation that
poses a significant threat to life or of bodily harm; or b) acts that the warden believes, on
reasonable grounds, constitute a felony. The bill authorizes a GLIFWC warden also to
render aid or assistance to a Wisconsin peace officer in the ceded territory in an
emergency or at the request of the Wisconsin peace officer. A GLIFWC warden may take
these actions only if all of the following conditions are met:
1. The warden is on duty and on official business.
2. The warden meets the training standards for state and local law enforcement
officers and has agreed to accept the duties of law enforcement officers under the laws of
this state.
3. GLIFWC has adopted and implemented written policies regarding making
felony arrests under state law and rendering aid or assistance to state or local officers.
4. GLIFWC maintains liability insurance that does all of the following:
(a) Covers GLIFWC's liability up to a limit of not less than $2 million per
occurrence for the acts and omissions of its wardens acting under this authority.
(b) Provides that the insurer, in defending a claim against the policy, may not raise
the defense of sovereign immunity of the insured up to that limit.
The bill also authorizes GLIFWC wardens to engage in fresh pursuit in Wisconsin
beyond the ceded territory under specified circumstances.
SB97, s. 1
1Section
1
. 23.29 (23) of the statutes is amended to read:
SB97,4,5
123.29
(23) Enforcement. The department and its agents, the department of
2justice, and peace officers, as defined under s. 939.22 (22),
but not including
3commission wardens, as defined under s. 939.22 (5), have jurisdiction on dedicated
4state natural areas in the geographic jurisdiction to enforce articles of dedication and
5restrictions authorized under sub. (21).
SB97, s. 2
6Section
2
. 23.293 (19) of the statutes is amended to read:
SB97,4,107
23.293
(19) Enforcement. The department and its agents, the department of
8justice
, and peace officers, as defined under s. 939.22 (22),
but not including
9commission wardens, as defined under s. 939.22 (5), have jurisdiction on dedicated
10ice age trail areas.
Note: Sections 1 and 2 exclude GLIFWC wardens from the list of entities having
enforcement authority for purposes of dedicated state natural areas and Ice Age Trail
areas.
SB97, s. 3
11Section
3
. 23.33 (4) (c) 1. of the statutes is amended to read:
SB97,4,1812
23.33
(4) (c) 1. Paragraphs (a) and (b) do not apply to the operator of an
13all-terrain vehicle owned by a municipality, state agency
, or public utility
, or by the
14Great Lakes Indian Fish and Wildlife Commission, while the operator is engaged in
15an emergency or in the operation of an all-terrain vehicle directly related to the
16functions of the municipality, state agency
, or public utility
, or of the Great Lakes
17Indian Fish and Wildlife Commission, if safety does not require strict adherence to
18these restrictions.
SB97, s. 4
19Section
4
. 23.33 (12) (b) of the statutes is amended to read:
SB97,4,2220
23.33
(12) (b) No operator of an all-terrain vehicle may refuse to stop after
21being requested or signaled to do so by a law enforcement officer
or a commission
22warden, as defined in s. 939.22 (5).
Note: Sections 3 and 4 authorize GLIFWC wardens to operate all-terrain vehicles
(ATVs) on highways, under specified circumstances, and require other ATV operators to
stop when signaled by a GLIFWC warden.
SB97, s. 5
1Section
5. 23.51 (3) of the statutes is amended to read:
SB97,5,42
23.51
(3) "Enforcing officer" means
a peace officer as defined
by in s. 939.22
3(22),
but not including a commission warden, as defined in s. 939.22 (5), or
means a
4person who has authority to act pursuant to a specific statute.
Note: Excludes GLIFWC wardens from the definition of "enforcing officer" for
purposes of forfeiture procedures for the enforcement of state conservation laws.
SB97, s. 6
5Section
6. 30.64 of the statutes is amended to read:
SB97,5,13
630.64 Patrol boats. (1) The operator of a patrol boat,
including a commission
7warden, as defined in s. 939.22 (5), when responding to an emergency call or when
8in pursuit of an actual or suspected violator of the law, need not comply with this
9subchapter or ordinances under s. 30.77 when a siren or emergency light is activated
10or, if the patrol boat is equipped with a siren and an emergency light, when both the
11siren and emergency light are activated, and if due regard is given to the safety of
12other persons in the vicinity. If an emergency light is used, it shall be of a type and
13design specified under
33 CFR 88.11 or
88.12.
SB97,5,17
14(2) Upon the approach of a patrol boat
, including a patrol boat operated by a
15commission warden, as defined in s. 939.22 (5), giving an audio or visual signal
, the
16operator of a boat shall reduce the boat speed to slow-no-wake and yield the
17right-of-way to the patrol boat until it has passed.
SB97,5,20
18(3) No person operating a boat may refuse to stop after being requested or
19signaled to do so by a law enforcement officer
or a commission warden, as defined in
20s. 939.22 (5).
Note: Authorizes GLIFWC wardens to operate patrol boats in excess of speed
limits, under specified circumstances, and requires other boat operators to yield to
GLIFWC patrol boats and to stop when signaled by a GLIFWC warden.
SB97, s. 7
1Section
7
. 165.83 (1) (e) of the statutes is renumbered 165.83 (1) (e) (intro.) and
2amended to read:
SB97,6,43
165.83
(1) (e) (intro.) "Tribal law enforcement agency" means
an any of the
4following:
SB97,6,10
51. An agency of a tribe that is established for the purpose of preventing and
6detecting crime on the reservation or trust lands of the tribe and enforcing the tribe's
7laws or ordinances, that employs full time one or more persons who are granted law
8enforcement and arrest powers under s. 165.92 (2) (a)
, and that was created by a tribe
9that agrees that its law enforcement agency will perform the duties required of the
10agency under this section and s. 165.84.
SB97, s. 8
11Section
8
. 165.83 (1) (e) 2. of the statutes is created to read:
SB97,6,1412
165.83
(1) (e) 2. The Great Lakes Indian Fish and Wildlife Commission, if the
13Great Lakes Indian Fish and Wildlife Commission agrees to perform the duties
14required under this section and s. 165.84.
Note: The definition change made by Sections 7 and 8 gives GLIFWC and its
wardens access to the TIME system in exchange for GLIFWC accepting the duty to
provide certain information in its possession to the Department of Justice for inclusion
in the TIME system.
SB97, s. 9
15Section
9
. 165.85 (2) (g) of the statutes is renumbered 165.85 (2) (g) (intro.)
16and amended to read:
SB97,6,1817
165.85
(2) (g) (intro.) "Tribal law enforcement officer" means
a any of the
18following:
SB97,6,23
191. A person who is employed by a tribe for the purpose of detecting and
20preventing crime and enforcing the tribe's laws or ordinances, who is authorized by
21the tribe to make arrests of Indian persons for violations of the tribe's laws or
22ordinances
, and who agrees to accept the duties of law enforcement officers under the
23laws of this state.
SB97, s. 10
1Section
10
. 165.85 (2) (g) 2. of the statutes is created to read:
SB97,7,42
165.85
(2) (g) 2. A conservation warden employed by the Great Lakes Indian
3Fish and Wildlife Commission who agrees to accept the duties of law enforcement
4officers under the laws of this state.
Note: The definition change made by Sections 9 and 10 subjects GLIFWC
wardens who agree to accept the duties of law enforcement officers to the rules and
certification procedures of LESB, which is a prerequisite for exercising the authority to
make arrests for violations of state law and to render aid or assistance under s. 175.41,
as created by Section 10 of this bill.
SB97, s. 11
5Section
11. 175.40 (1) (c) of the statutes is amended to read:
SB97,7,96
175.40
(1) (c) "Peace officer" has the meaning specified in s. 939.22 (22), but
also 7does not include a commission warden, as defined in s. 939.22 (5). "Peace officer" 8includes any tribal law enforcement officer who is empowered to act under s. 165.92
9(2) (a).
Note: Excludes GLIFWC wardens from the general arrest and assist statute
applicable to most law enforcement officers, as Section 12 creates an arrest and assist
statute specific to GLIFWC wardens.
SB97, s. 12
10Section
12
. 175.41 of the statutes is created to read:
SB97,7,12
11175.41 Arrest and assistance; wardens employed by the Great Lakes
12Indian Fish and Wildlife Commission. (1) In this section:
SB97,7,1513
(a) "Ceded territory" means the territory in Wisconsin ceded by the Chippewa
14Indians to the United States in the treaty of 1837, 7 Stat. 536, and the treaty of 1842,
157 Stat. 591.
SB97,7,1716
(b) "Commission" means the Great Lakes Indian Fish and Wildlife
17Commission.
SB97,7,1918
(c) "Commission warden" means a conservation warden employed by the
19commission.
SB97,8,3
1(2) For purposes of civil and criminal liability, a commission warden may, when
2in fresh pursuit, follow anywhere in the state outside the ceded territory and arrest
3any of the following:
SB97,8,54
(a) A Chippewa tribal member for violation of the Chippewa off-reservation
5conservation code, if the conditions of sub. (3) (a) and (e) are met.
SB97,8,76
(b) Any person for violation of the laws of this state, if the conditions of sub. (3)
7(a) to (e) are met.
SB97,8,10
8(3) Within the ceded territory, a commission warden may arrest a person for
9violation of state law or provide aid or assistance to a Wisconsin peace officer if all
10of the following criteria are met:
SB97,8,1111
(a) The commission warden is on duty and on official business.
SB97,8,1212
(b) Any of the following applies:
SB97,8,1313
1. The commission warden is responding to any of the following:
SB97,8,1514
a. An emergency situation that poses a significant threat to life or a significant
15threat of bodily harm.
SB97,8,1716
b. Acts that the commission warden believes, on reasonable grounds, constitute
17a felony.
SB97,8,1918
2. The commission warden is rendering aid or assistance to a Wisconsin peace
19officer in an emergency or at the request of the Wisconsin peace officer.
SB97,8,2220
(c) The commission warden meets the requirements of s. 165.85 (4) (b) 1., (bn)
211., and (c) and has agreed to accept the duties of a law enforcement officer under the
22laws of this state.
SB97,9,223
(d) The commission has adopted and implemented written policies regarding
24making arrests and rendering aid or assistance under this subsection, including a
1policy on notification to and cooperation with the law enforcement agency of the
2jurisdiction in which such arrests are made.
SB97,9,33
(e) The commission maintains liability insurance that does all of the following:
SB97,9,54
1. Covers the commission and commission wardens for acts and omissions
5under sub. (4).
SB97,9,66
2. Has a limit of coverage not less than $2,000,000 for any occurrence.
SB97,9,87
3. Provides that the insurer, in defending a claim against the policy, may not
8raise the defense of sovereign immunity of the insured up to the limits of the policy.
SB97,9,15
9(4) Except as otherwise provided in an agreement between the commission and
10the state or a subdivision of the state, the commission is liable for all acts and
11omissions of a commission warden while acting under sub. (2) or (3), and neither the
12state nor any political subdivision of the state may be held liable for any action of a
13commission warden taken under the authority of sub. (2) or (3). For purposes of civil
14and criminal liability, a commission warden acting under sub. (2) or (3) is considered
15to be acting in an official capacity.
SB97,9,20
16(5) Subsections (2) and (3) apply only if the commission has presented evidence
17to the department of justice of the insurance under sub. (3) (e). Upon receipt of
18evidence of insurance under sub. (3) (e), the department of justice shall notify the
19sheriff of each county in the ceded territory that the commission has met this
20criterion for performing the powers and duties described under subs. (2) and (3).
SB97, s. 13
21Section
13. 340.01 (3) (b) of the statutes is amended to read:
SB97,9,2322
340.01
(3) (b) Conservation wardens' vehicles
or, foresters' trucks,
or vehicles
23used by commission wardens, whether publicly or privately owned.
Note: Adds GLIFWC wardens' vehicles to the definition of "authorized emergency
vehicle."
SB97, s. 14
1Section
14
. 340.01 (8t) of the statutes is created to read:
SB97,10,32
340.01
(8t) "Commission" means the Great Lakes Indian Fish and Wildlife
3Commission.
SB97, s. 15
4Section
15
. 340.01 (8u) of the statutes is created to read:
SB97,10,65
340.01
(8u) "Commission warden" means a conservation warden employed by
6the commission.
Note: Sections 14 and 15 define "commission" and "commission warden" for
purposes of the statutes relating to motor vehicles and ATVs, except ch. 350, stats.
SB97, s. 16
7Section
16
. 341.17 (4) (h) of the statutes is created to read:
SB97,10,98
341.17
(4) (h) To the commission, one copy of each automobile registration list
9under sub. (1).
SB97, s. 17
10Section
17
. 341.17 (9) (c) 2. of the statutes is amended to read:
SB97,10,1211
341.17
(9) (c) 2. A law enforcement agency, a state authority
or, a federal
12governmental agency
, or the commission to perform a legally authorized function.
SB97, s. 18
13Section
18. 343.235 (3) (a) of the statutes is amended to read:
SB97,10,1514
343.235
(3) (a) A law enforcement agency, a state authority
or, a federal
15governmental agency
, or the commission to perform a legally authorized function.
SB97, s. 19
16Section
19
. 343.237 (4) of the statutes is amended to read:
SB97,10,2017
343.237
(4) If a law enforcement agency of another state
or the commission 18makes a request meeting all the requirements specified for a request by a Wisconsin
19law enforcement agency or a federal law enforcement agency under sub. (3), the
20department shall comply with the request if all of the following apply: