SB97: Bill Text

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

Joint Legislative Council prefatory note: This bill, developed by the joint legislative council's special committee on state-tribal relations, extends the application of a broad range of statutes related to law enforcement to conservation wardens employed by the Great Lakes Indian Fish and Wildlife Commission (GLIFWC) and authorizes GLIFWC wardens (referred to in the bill as "commission wardens") to aid or assist a Wisconsin peace officer or to make an arrest for a violation of state law under specified circumstances.

Background

In the 1970s and 1980s, litigation in federal court sought to determine the extent of rights for the harvest of natural resources retained by the Chippewa Indian bands when the bands ceded territory to the United States in treaties in 1837 and 1842. In a series of orders, the court affirmed the bands' continuing rights to hunt, fish, and gather on off-reservation public lands and waters throughout the ceded territories in northern Wisconsin. Among other things, the court approved the Chippewa bands' proposal to adopt an off-reservation conservation code (off-reservation code) governing their members' exercise of those rights within the ceded territory but not on any Chippewa reservation, and to form an intertribal agency to enforce that code. GLIFWC is the agency the Chippewa bands created for this purpose.

An incident in which a GLIFWC warden working off-reservation detained a non-Indian person for a state firearms violation and delivered the individual to the county sheriff called into question the authority of the warden to detain the individual, as well as the legality of other aspects of the warden's behavior, such as going armed in the uniform of a law enforcement officer in a vehicle with equipment such as lights and siren.

This case brought to attention that much of what GLIFWC wardens do is not contemplated under the statutes and that, in fact, the statutes could be read as prohibiting GLIFWC wardens from doing many things that the federal court authorized them to do. Similarly, many statutes that serve to protect the physical safety of law enforcement officers and others that serve to protect the interests of the public do not apply to GLIFWC wardens. These statutes do apply to conservation wardens employed by the Department of Natural Resources.

The bill

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

SB97,4,5 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).

SB97, s. 2 Section 2 . 23.293 (19) of the statutes is amended to read:

SB97,4,10 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.

SB97, s. 3 Section 3 . 23.33 (4) (c) 1. of the statutes is amended to read:

SB97,4,18 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.

SB97, s. 4 Section 4 . 23.33 (12) (b) of the statutes is amended to read:

SB97,4,22 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.

SB97, s. 5 Section 5. 23.51 (3) of the statutes is amended to read:

SB97,5,4 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.

SB97, s. 6 Section 6. 30.64 of the statutes is amended to read:

SB97,5,13 30.64 Patrol boats. (1) The operator of a 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 this subchapter or ordinances under s. 30.77 when a siren or emergency light is activated or, if the patrol boat is equipped with a siren and an emergency light, when both the siren and emergency light are activated, and if due regard is given to the safety of other persons in the vicinity. If an emergency light is used, it shall be of a type and design specified under 33 CFR 88.11 or 88.12.

SB97,5,17 (2) Upon the approach of a 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 slow-no-wake and yield the right-of-way to the patrol boat until it has passed.

SB97,5,20 (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.

SB97, s. 7 Section 7 . 165.83 (1) (e) of the statutes is renumbered 165.83 (1) (e) (intro.) and amended to read:

SB97,6,4 165.83 (1) (e) (intro.) "Tribal law enforcement agency" means an any of the following:

SB97,6,10 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.

SB97, s. 8 Section 8 . 165.83 (1) (e) 2. of the statutes is created to read:

SB97,6,14 165.83 (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 the Department of Justice for inclusion in the TIME system.

SB97, s. 9 Section 9 . 165.85 (2) (g) of the statutes is renumbered 165.85 (2) (g) (intro.) and amended to read:

SB97,6,18 165.85 (2) (g) (intro.) "Tribal law enforcement officer" means a any of the following:

SB97,6,23 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.

SB97, s. 10 Section 10 . 165.85 (2) (g) 2. of the statutes is created to read:

SB97,7,4 165.85 (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 Section 10 of this bill.

SB97, s. 11 Section 11. 175.40 (1) (c) of the statutes is amended to read:

SB97,7,9 175.40 (1) (c) "Peace officer" has the meaning specified in s. 939.22 (22), but also does not include a commission warden, as defined in s. 939.22 (5). "Peace officer" includes any tribal law enforcement officer who is empowered to act under s. 165.92 (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 Section 12 . 175.41 of the statutes is created to read:

SB97,7,12 175.41 Arrest and assistance; wardens employed by the Great Lakes Indian Fish and Wildlife Commission. (1) In this section:

SB97,7,15 (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.

SB97,7,17 (b) "Commission" means the Great Lakes Indian Fish and Wildlife Commission.

SB97,7,19 (c) "Commission warden" means a conservation warden employed by the commission.

SB97,8,3 (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:

SB97,8,5 (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.

SB97,8,7 (b) Any person for violation of the laws of this state, if the conditions of sub. (3) (a) to (e) are met.

SB97,8,10 (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:

SB97,8,11 (a) The commission warden is on duty and on official business.

SB97,8,12 (b) Any of the following applies:

SB97,8,13 1. The commission warden is responding to any of the following:

SB97,8,15 a. An emergency situation that poses a significant threat to life or a significant threat of bodily harm.

SB97,8,17 b. Acts that the commission warden believes, on reasonable grounds, constitute a felony.

SB97,8,19 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.

SB97,8,22 (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.

SB97,9,2 (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.

SB97,9,3 (e) The commission maintains liability insurance that does all of the following:

SB97,9,5 1. Covers the commission and commission wardens for acts and omissions under sub. (4).

SB97,9,6 2. Has a limit of coverage not less than $2,000,000 for any occurrence.

SB97,9,8 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.

SB97,9,15 (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 and omissions 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.

SB97,9,20 (5) Subsections (2) and (3) apply only if the commission has presented evidence to the department of justice of the insurance under sub. (3) (e). Upon receipt of evidence of insurance under sub. (3) (e), the department of justice shall notify the sheriff of each county in the ceded territory that the commission has met this criterion for performing the powers and duties described under subs. (2) and (3).

SB97, s. 13 Section 13. 340.01 (3) (b) of the statutes is amended to read:

SB97,9,23 340.01 (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."

SB97, s. 14 Section 14 . 340.01 (8t) of the statutes is created to read:

SB97,10,3 340.01 (8t) "Commission" means the Great Lakes Indian Fish and Wildlife Commission.

SB97, s. 15 Section 15 . 340.01 (8u) of the statutes is created to read:

SB97,10,6 340.01 (8u) "Commission warden" means a conservation warden employed by the 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 Section 16 . 341.17 (4) (h) of the statutes is created to read: