Amendment SA1-SB148

LRBa0796/1

CMH:jld:rs

2009 - 2010 LEGISLATURE

SENATE AMENDMENT 1, TO 2009 SENATE BILL 148

October 7, 2009 - Offered by Committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing.

SB148-SA1,1,1 At the locations indicated, amend the bill as follows:

SB148-SA1,1,2 1. Page 2, line 1: after "statutes is" insert "renumbered 165.92 (3) and".

SB148-SA1,1,3 2. Page 2, line 2: delete "(a)" and substitute "Liability.".

SB148-SA1,1,5 3. Page 3, line 6: delete the material beginning with that line and ending with page 4, line 7, and substitute:

SB148-SA1,1,7 " Section 2c. 165.92 (3) (b) 1. of the statutes is renumbered 165.92 (3m) (intro.) and amended to read:

SB148-SA1,1,10 165.92 (3m) Requirements. (intro.) No tribal law enforcement officer may exercise or perform the powers or duties described under sub. (2) (a) unless all of the following apply:

SB148-SA1,2,4 (a) 1. The governing body of the tribe that employs the officer adopts and has in effect a resolution under this paragraph. Except as provided in subd. 2., a resolution under this paragraph shall include that includes a statement that the tribe waives its sovereign immunity to the extent necessary to allow the enforcement in the courts of this state of its liability under par. (a) sub. (3) or another resolution that the department of justice determines will reasonably allow the enforcement in the courts of this state of the tribe's liability under sub. (3).

SB148-SA1, s. 2g Section 2g. 165.92 (3) (b) 2. of the statutes is repealed.

SB148-SA1, s. 2r Section 2r. 165.92 (3m) (a) (intro.) of the statutes is created to read:

SB148-SA1,2,7 165.92 (3m) (a) (intro.) One of the following:

SB148-SA1, s. 3g Section 3g. 165.92 (3m) (a) 2. of the statutes is created to read:

SB148-SA1,2,10 165.92 (3m) (a) 2. The tribe or tribal law enforcement agency that employs the officer maintains liability insurance that does all of the following:

SB148-SA1,2,12 a. Covers the tribal law enforcement agency for its liability under sub. (2) and s. 66.0513.

SB148-SA1,2,13 b. Has a limit of coverage not less than $2,000,000 for any occurrence.

SB148-SA1,2,15 c. Provides that the insurer, in defending a claim against the policy, may not raise the defense of sovereign immunity of the insured up to the limits of the policy.

SB148-SA1, s. 4g Section 4g. 165.92 (3m) (b) of the statutes is created to read:

SB148-SA1,2,21 165.92 (3m) (b) The tribe or tribal law enforcement agency that employs the officer has provided to the department of justice a copy of the resolution under par. (a) 1. or proof of insurance under par. (a) 2., and the department of justice has posted either a copy of the document or notice of the document on the Internet site it maintains for exchanging information with law enforcement agencies.".

SB148-SA1,2,22 (End)