AB630: Bill Text

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 (DOJ) 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 (DOT) 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 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 also authorizes a GLIFWC warden to render aid or assistance to a Wisconsin peace officer 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 for the acts 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.

AB630, s. 1 Section 1 . 23.29 (23) of the statutes is amended to read:

AB630,4,6 23.29 (23) Enforcement. The department and its agents, the department of justice, and peace officers, as defined under s. 939.22 (22), but not including commission wardens, as defined under s. 939.22 (5), have jurisdiction on dedicated state natural areas in the geographic jurisdiction to enforce articles of dedication and restrictions authorized under sub. (21).

AB630, s. 2 Section 2 . 23.293 (19) of the statutes is amended to read:

AB630,4,11 23.293 (19) Enforcement. The department and its agents, the department of justice, and peace officers, as defined under s. 939.22 (22), but not including commission wardens, as defined under s. 939.22 (5), have jurisdiction on dedicated ice 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.

AB630, s. 3 Section 3 . 23.33 (4) (c) 1. of the statutes is amended to read:

AB630,4,19 23.33 (4) (c) 1. Paragraphs (a) and (b) do not apply to the operator of an all-terrain vehicle owned by a municipality, state agency, or public utility, or by the Great Lakes Indian Fish and Wildlife Commission while the operator is engaged in an emergency or in the operation of an all-terrain vehicle directly related to the functions of the municipality, state agency, or public utility, or of the Great Lakes Indian Fish and Wildlife Commission if safety does not require strict adherence to these restrictions.

AB630, s. 4 Section 4 . 23.33 (12) (b) of the statutes is amended to read:

AB630,5,3 23.33 (12) (b) No operator of an all-terrain vehicle may refuse to stop after being requested or signaled to do so by a law enforcement officer or a commission warden, 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.

AB630, s. 5 Section 5. 23.51 (3) of the statutes is amended to read:

AB630,5,7 23.51 (3) "Enforcing officer" means a peace officer as defined by in s. 939.22 (22), but not including a commission warden, as defined in s. 939.22 (5), or means a person 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.

AB630, s. 6 Section 6. 30.64 of the statutes is amended to read:

AB630,5,15 30.64 Patrol boats. (1) The operator of a duly an authorized patrol boat, including a commission warden, as defined in s. 939.22 (5), when responding to an emergency call or when in pursuit of an actual or suspected violator of the law, need not comply with state law or local ordinances fixing maximum speed limits when a siren is being sounded and if due regard is given to the safety of other persons in the vicinity. If a light is used in conjunction with a siren it shall be the oscillating or flashing type and be fitted with a blue lens.

AB630,5,20 (2) Upon the approach of a duly an authorized patrol boat, including a patrol boat operated by a commission warden, as defined in s. 939.22 (5), giving an audio or visual signal the operator of a boat shall reduce the boat speed to that speed necessary to maintain steerage control and yield the right-of-way to the patrol boat until it has passed.

AB630,6,3 (3) No person operating a boat may refuse to stop after being requested or signaled to do so by a law enforcement officer or a commission warden, as defined in s. 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.

AB630, s. 7 Section 7 . 165.83 (1) (e) of the statutes is renumbered 165.83 (1) (e) (intro.) and amended to read:

AB630,6,7 165.83 (1) (e) (intro.) "Tribal law enforcement agency" means an any of the following:

AB630,6,13 1. An agency of a tribe that is established for the purpose of preventing and detecting crime on the reservation or trust lands of the tribe and enforcing the tribe's laws or ordinances, that employs full time one or more persons who are granted law enforcement and arrest powers under s. 165.92 (2) (a), and that was created by a tribe that agrees that its law enforcement agency will perform the duties required of the agency under this section and s. 165.84.

AB630, s. 8 Section 8 . 165.83 (1) (e) 2. of the statutes is created to read:

AB630,6,17 165.83 (1) (e) 2. The Great Lakes Indian Fish and Wildlife Commission, if the Great Lakes Indian Fish and Wildlife Commission agrees to perform the duties required 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 DOJ for inclusion in the TIME system.

AB630, s. 9 Section 9 . 165.85 (2) (g) of the statutes is renumbered 165.85 (2) (g) (intro.) and amended to read:

AB630,6,21 165.85 (2) (g) (intro.) "Tribal law enforcement officer" means a any of the following:

AB630,7,5 1. A person who is employed by a tribe for the purpose of detecting and preventing crime and enforcing the tribe's laws or ordinances, who is authorized by the tribe to make arrests of Indian persons for violations of the tribe's laws or ordinances, and who agrees to accept the duties of law enforcement officers under the laws of this state.

AB630, s. 10 Section 10 . 165.85 (2) (g) 2. of the statutes is created to read:

AB630,7,9 165.85 (2) (g) 2. A conservation warden employed by the Great Lakes Indian Fish and Wildlife Commission who agrees to accept the duties of law enforcement officers 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 the bill.

AB630, s. 11 Section 11. 175.41 of the statutes is created to read:

AB630,7,12 175.41 Arrest and assistance; wardens employed by the Great Lakes Indian Fish and Wildlife Commission. (1) In this section:

AB630,7,15 (a) "Ceded territory" means the territory in Wisconsin ceded by the Chippewa Indians to the United States in the treaty of 1837, 7 Stat. 536, and the treaty of 1842, 7 Stat. 591.

AB630,7,17 (b) "Commission" means the Great Lakes Indian Fish and Wildlife Commission.

AB630,7,19 (c) "Commission warden" means a conservation warden employed by the commission.

AB630,7,22 (2) For purposes of civil and criminal liability, a commission warden may, when in fresh pursuit, follow anywhere in the state outside the ceded territory and arrest any of the following:

AB630,8,2 (a) A Chippewa tribal member for violation of the Chippewa off-reservation conservation code, if the conditions of sub. (3) (a) and (e) are met.

AB630,8,4 (b) Any person for violation of the laws of this state, if the conditions of sub. (3) (a) to (e) are met.

AB630,8,7 (3) Within the ceded territory, a commission warden may arrest a person for violation of state law or provide aid or assistance to a Wisconsin peace officer if all of the following criteria are met:

AB630,8,8 (a) The commission warden is on duty and on official business.

AB630,8,9 (b) Any of the following applies:

AB630,8,10 1. The commission warden is responding to any of the following:

AB630,8,12 a. An emergency situation that poses a significant threat to life or of bodily harm.

AB630,8,14 b. Acts that the commission warden believes, on reasonable grounds, constitute a felony.

AB630,8,16 2. The commission warden is rendering aid or assistance to a Wisconsin peace officer in an emergency or at the request of the Wisconsin peace officer.

AB630,8,19 (c) The commission warden meets the requirements of s. 165.85 (4) (b) 1., (bn) 1., and (c) and has agreed to accept the duties of a law enforcement officer under the laws of this state.

AB630,8,23 (d) The commission has adopted and implemented written policies regarding making arrests and rendering aid or assistance under this subsection, including a policy on notification to and cooperation with the law enforcement agency of the jurisdiction in which such arrests are made.

AB630,8,25 (e) The commission maintains insurance, and provides evidence of the insurance to the department of justice, that does all of the following:

AB630,9,2 1. Covers the commission for general liability for negligent acts of the commission wardens and liability for errors and omissions under sub. (4).

AB630,9,3 2. Has a limit of coverage of not less than $2,000,000 for any claim.

AB630,9,5 3. 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.

AB630,9,12 (4) Except as otherwise provided in an agreement between the commission and the state or a subdivision of the state, the commission is liable for all acts of a commission warden while acting under sub. (2) or (3), and neither the state nor any political subdivision of the state may be held liable for any action of a commission warden taken under the authority of sub. (2) or (3). For purposes of civil and criminal liability, a commission warden acting under sub. (2) or (3) is considered to be acting in an official capacity.

AB630, s. 12 Section 12. 340.01 (3) (b) of the statutes is amended to read:

AB630,9,15 340.01 (3) (b) Conservation wardens' vehicles or, foresters' trucks, or vehicles used by commission wardens, whether publicly or privately owned.

Note: Adds GLIFWC wardens' vehicles to the definition of "authorized emergency vehicle."

AB630, s. 13 Section 13 . 340.01 (8t) of the statutes is created to read:

AB630,9,18 340.01 (8t) "Commission" means the Great Lakes Indian Fish and Wildlife Commission.

AB630, s. 14 Section 14 . 340.01 (8u) of the statutes is created to read:

AB630,9,21 340.01 (8u) "Commission warden" means a conservation warden employed by the commission.

Note: Sections 13 and 14 define "the commission" and "commission warden" for purposes of the statutes relating to motor vehicles and ATVs, except ch. 350, stats.

AB630, s. 15 Section 15 . 341.17 (4) (h) of the statutes is created to read:

AB630,10,2 341.17 (4) (h) To the commission, one copy of each automobile registration list under sub. (1).

AB630, s. 16 Section 16 . 341.17 (9) (c) 2. of the statutes is amended to read:

AB630,10,5 341.17 (9) (c) 2. A law enforcement agency, a state authority or, a federal governmental agency, or the commission to perform a legally authorized function.

AB630, s. 17 Section 17. 343.235 (3) (a) of the statutes is amended to read:

AB630,10,8 343.235 (3) (a) A law enforcement agency, a state authority or, a federal governmental agency, or the commission to perform a legally authorized function.

AB630, s. 18 Section 18 . 343.237 (4) of the statutes is amended to read:

AB630,10,13 343.237 (4) If a law enforcement agency of another state or the commission makes a request meeting all the requirements specified for a request by a Wisconsin law enforcement agency or a federal law enforcement agency under sub. (3), the department shall comply with the request if all of the following apply:

AB630,10,15 (a) The law enforcement agency of the other state or the commission agrees to comply with all of the requirements under this section.

AB630,10,18 (b) The other state or the commission allows Wisconsin law enforcement agencies similar or greater access to similar information from that state or the commission.

Note: Sections 15 to 18 give GLIFWC access to DOT records regarding vehicle registrations, and to personal identifying information and drivers' license and identification card photographs to the same extent that current law gives access to law enforcement agencies and others.

Much of this information is accessible through the TIME system, to which GLIFWC is given access by Sections 7 and 8 of this bill. However, DOJ may not release the information via the TIME system to entities that do not have independent authority to receive the information directly from DOT, which these provisions provide.

AB630, s. 19 Section 19 . 350.02 (3m) of the statutes is amended to read:

AB630,11,2 350.02 (3m) A law enforcement officer or a commission warden, as defined in s. 939.22 (5), may operate a snowmobile on a highway in performance of his or her official duties if the snowmobile is equipped with a light that is red or blue or a combination thereof and that is flashing, oscillating, or rotating.