LRBa0797/1
CMH:jld:md
2009 - 2010 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO 2009 ASSEMBLY BILL 212
October 6, 2009 - Offered by Representatives Mursau and Hebl.
AB212-AA1,1,11 At the locations indicated, amend the bill as follows:
AB212-AA1,1,2 21. Page 2, line 1: after "statutes is" insert "renumbered 165.92 (3) and".
AB212-AA1,1,3 32. Page 2, line 2: delete "(a)" and substitute "Liability.".
AB212-AA1,1,5 43. Page 3, line 6: delete the material beginning with that line and ending with
5page 4, line 7, and substitute:
AB212-AA1,1,7 6" Section 2c. 165.92 (3) (b) 1. of the statutes is renumbered 165.92 (3m) (intro.)
7and amended to read:
AB212-AA1,1,108 165.92 (3m) Requirements. (intro.) No tribal law enforcement officer may
9exercise or perform the powers or duties described under sub. (2) (a) unless all of the
10following apply:
AB212-AA1,2,4 11(a) 1. The governing body of the tribe that employs the officer adopts and has
12in effect a resolution under this paragraph. Except as provided in subd. 2., a
13resolution under this paragraph shall include
that includes a statement that the

1tribe waives its sovereign immunity to the extent necessary to allow the enforcement
2in the courts of this state of its liability under par. (a) sub. (3) or another resolution
3that the department of justice determines will reasonably allow the enforcement in
4the courts of this state of the tribe's liability under sub. (3)
.
AB212-AA1, s. 2g 5Section 2g. 165.92 (3) (b) 2. of the statutes is repealed.
AB212-AA1, s. 2r 6Section 2r. 165.92 (3m) (a) (intro.) of the statutes is created to read:
AB212-AA1,2,77 165.92 (3m) (a) (intro.) One of the following:
AB212-AA1, s. 3g 8Section 3g. 165.92 (3m) (a) 2. of the statutes is created to read:
AB212-AA1,2,109 165.92 (3m) (a) 2. The tribe or tribal law enforcement agency that employs the
10officer maintains liability insurance that does all of the following:
AB212-AA1,2,1211 a. Covers the tribal law enforcement agency for its liability under sub. (2) and
12s. 66.0513.
AB212-AA1,2,1313 b. Has a limit of coverage not less than $2,000,000 for any occurrence.
AB212-AA1,2,1514 c. Provides that the insurer, in defending a claim against the policy, may not
15raise the defense of sovereign immunity of the insured up to the limits of the policy.
AB212-AA1, s. 4g 16Section 4g. 165.92 (3m) (b) of the statutes is created to read:
AB212-AA1,2,2117 165.92 (3m) (b) The tribe or tribal law enforcement agency that employs the
18officer has provided to the department of justice a copy of the resolution under par.
19(a) 1. or proof of insurance under par. (a) 2., and the department of justice has posted
20either a copy of the document or notice of the document on the Internet site it
21maintains for exchanging information with law enforcement agencies.".
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