2005 - 2006 LEGISLATURE
August 24, 2005 - Introduced by Joint Legislative Council. Referred to
Committee on Judiciary, Corrections and Privacy.
SB298,1,3 1An Act to amend 165.90 (4) (intro.) and 165.90 (4) (b); and to create 165.90 (3m)
2(d), 165.90 (4g) and 165.90 (4r) of the statutes; relating to: cooperative
3county-tribal law enforcement programs.
Analysis by the Legislative Reference Bureau
This bill is explained in the Note provided by the Joint Legislative Council in
the bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Joint Legislative Council prefatory note: This bill was developed by the special
committee on state-tribal relations. It makes a number of changes to the cooperative
county-tribal law enforcement program. Under this program, administered by the
Department of Justice (DOJ), a county and a tribe located in that county may develop a
joint program plan for the enhancement of law enforcement on the tribe's reservation and
submit the plan to DOJ for funding.
The bill requires that DOJ disburse the aid directly to the tribe unless the joint
program plan specifies otherwise.
The bill requires that the county and tribe meet at least twice over the course of
a year to evaluate the program and adjust the program as necessary to achieve its
purpose.
The bill requires that the sheriff of a county that participates in a program
maintain or increase the level of law enforcement services provided to the tribe's
reservation.

Under current law, prior to receiving aid for a second or subsequent year, the
county and tribe must submit a report to DOJ regarding the performance of law
enforcement activities on the reservation during the prior year. The bill requires that the
annual report specify how the recipients complied with the requirements regarding
meetings between the county and tribe and maintenance of effort by the sheriff and that
DOJ consider this information in determining whether to approve a program plan.
SB298, s. 1 1Section 1. 165.90 (3m) (d) of the statutes is created to read:
SB298,2,32 165.90 (3m) (d) Whether the county and the tribe have complied with sub. (4g)
3and the sheriff of the county has complied with sub. (4r).
SB298, s. 2 4Section 2. 165.90 (4) (intro.) of the statutes is amended to read:
SB298,2,115 165.90 (4) (intro.) If the department approves a plan, the department shall
6certify the program as eligible to receive aid under s. 20.455 (2) (kt). Prior to
7January 15, of the year for which funding is sought, the department shall distribute
8from the appropriations under s. 20.455 (2) (kt) to each eligible program the amount
9necessary to implement the plan,. The department shall disburse the aid to the tribe,
10unless the plan specifies otherwise. Disbursement of aid is
subject to the following
11limitations:
SB298, s. 3 12Section 3. 165.90 (4) (b) of the statutes is amended to read:
SB298,2,1813 165.90 (4) (b) A program shall, prior to the receipt of funds under s. 20.455 (2)
14(kt) for the 2nd and any subsequent year, submit a report to the department
15regarding the performance of law enforcement activities on the reservation in the
16previous fiscal year. The report shall describe the meetings held under sub. (4g) and
17any adjustments to the joint program plan that resulted from those meetings, and
18how the sheriff of the county complied with sub. (4r).
SB298, s. 4 19Section 4. 165.90 (4g) of the statutes is created to read:
SB298,3,220 165.90 (4g) Not less than twice in each year that a program receives aid under
21sub. (4), the county and tribe shall meet to evaluate the implementation of the joint

1program plan and make any adjustments to the program that are necessary to
2accomplish the purposes of the plan.
SB298, s. 5 3Section 5. 165.90 (4r) of the statutes is created to read:
SB298,3,84 165.90 (4r) The sheriff of a county that participates in a cooperative
5county-tribal law enforcement program under this section shall provide law
6enforcement services on the reservation of the cooperating tribe at a level that equals
7or exceeds the level of services provided by the sheriff's department on that
8reservation in the preceding year.
SB298,3,99 (End)
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