The State Public Defender, under sec. 977.05(4)(h), Stats., may, if he deems it appropriate to do so, provide legal services to an indigent at a so-called "refusal hearing" conducted pursuant to sec. 343.305(8)(b)1., and 2., Stats., where such indigent, prior to such hearing, has been charged with a criminal offense or offenses based on the same situation as that giving rise to the indigent's refusal to provide a sample of his/her breath, blood or urine pursuant to sec. 343.305(2)(b), Stats. 71-16
Refusal to aid an officer
Under the implied Consent Law, sec. 343.305, Stats., hospitals must comply with the request of a law enforcement officer to administer chemical tests including a blood test. This assumes that the driver has not withdrawn his or her consent to submit to that test. Drivers who are unconscious or otherwise incapable of withdrawing their consent are presumed not to have withdrawn it. The refusal of hospitals, physicians, nurses, and other health professionals authorized to withdraw blood to comply with such request constitutes the refusal to aid an officer within the meaning of sec. 946.40, Stats. In complying with the request, the professional incurs no civil or criminal liability, except for any negligence in the course of compliance. The person performing the chemical test must report the findings to the Department of Transportation, the law enforcement agency, and the individual involved. Failure to report
Refusal to submit to testing
An individual's fifth amendment privilege against self-incrimination need not be compromised by his or her testimony elicited at the evidentiary refusal hearing afforded to individuals who have requested the opportunity to litigate the lawfulness of their refusal to submit to chemical testing under the implied consent law. Consequently, absent any statutory guidelines, the scheduling of a refusal hearing is within the discretion and calendaring possibilities of the court to which it is assigned. 77-4
Section 343.305, Stats.
Section 343.305, Stats., the Implied Consent Law, discussed. 62-174
Warrant
A law enforcement officer may use physical restraint, subject to constitutional limitations, in order to draw a legally justified blood sample. Refusal by a health professional to comply with a law enforcement officer's authorized request to take a blood sample from a person whom the officer has legally restrained by force constitutes the refusal to aid an officer within the meaning of section 946.40, Stats. 74-123
INCOMPATIBILITY
See COMPATIBILITY
INDIAN GAMING REGULATORY ACT
Gambling activities discussed
Under article IV, section 24 of the Wisconsin Constitution, and chapter 565, Stats., the state lottery board may conduct any lottery game which complies with the ticket language in the constitution and chapter 565. The term "lottery" in the constitution and statutes does not include any other forms of betting, the playing or operation of gambling machines and devices and other forms of gambling defined in chapter 945. The Legislature can statutorily authorize other non-lottery gambling including casino-type games.
Under the Indian Gaming Regulatory Act, 25 U.S.C.A. §§ 2701-2721 (West Supp. 1989), gambling activities as defined and prohibited in chapter 945, other than lotteries and pari-mutuel on-track wagering, are not permitted by any person within or without Indian country in the State of Wisconsin. This prohibition includes all non-lottery gambling such as casino-type games, gambling machines and other devices. The Legislature can statutorily authorize non-lottery gambling within Indian country. 79-14
INDIANS
See also specific tribal names
ATM (Automated Teller Machine) regulation
The Wisconsin Commissioner of Banking does have a compelling interest in regulating banking activities on Indian reservations under chapters 217 and 218 and section 138.09, Stats., even though Public Law 280 does not specifically grant such regulatory authority. 80-337
Banking activities on reservations
The Wisconsin Commissioner of Banking does have a compelling interest in regulating banking activities on Indian reservations under chapters 217 and 218 and section 138.09, Stats., even though Public Law 280 does not specifically grant such regulatory authority. 80-337
Bingo
If any element of the Oneida tribe television bingo game occurs off the reservation, it is subject to prosecution under Wisconsin criminal law. 80-332
Bingo conducted on Indian reservations by Indian tribes or Indian persons must comply with the Bingo Control Act. 69-22
Building Code
State does not have jurisdiction to enforce Wisconsin Administrative Code with respect to construction of buildings on Oneida Indian Reservation trust land. 58 OAG 91 (1969) withdrawn. 65-276
Withdrawn 58-91
Children
Jurisdictional questions relating to the implementation of the Indian Child Welfare Act (25 U.S.C. sec. 1901 et seq.) discussed. 70-237
Cigarette tax laws
Wisconsin's cigarette tax laws do not apply to Indian persons or Indian tribes selling cigarettes on Indian reservations. 68-151
Coroner
The positions of county coroner and tribal police officer are incompatible governmental positions but the positions of deputy county coroner and tribal conservation warden are not incompatible. 77-293
County-tribal law enforcement agreements
A county has statutory authority to enter into a joint law enforcement agreement with an Indian tribe which locates a joint telecommunications terminal in a tribal building, so long as the terminal is properly secured, supervised and under the control of a county law enforcement agency. 80-91
Deputy sheriffs
The Menominee County Sheriff's Department and the Menominee tribal police may carry out a program of cross-deputization. Menominee tribal police must meet the statutory and constitutional requirements of appointment as deputy sheriffs. (Unpub.). 93-1979
Discrimination
Discrimination such as the use by public schools of American Indian logos, mascots or nicknames does come within the purview of section 118.13 of the Wisconsin statutes. 80-321
Elections
Indians residing on nontaxable land are electors of the town of residence. Where new towns are created by division, each such town must be 36 sections in area, unless each such town, after division, has 75 electors and taxable real estate of $200,000 or more. 66-256
Federal surplus property
Federally recognized Indian tribal councils are eligible under the state program for the distribution of federal surplus property to public agencies under P. L. 94-519. (Unpub.). 61-1979
Fishing rights
Indian fishers eligible to share in tribal treaty fishing rights are also eligible to apply for and hold a state commercial fishing license, but the State can exclude such individuals from sharing in non-Indian individual catch quotas applicable to a particular species of fish where a total harvest quota is necessary to prevent the substantial depletion of that species and where such quota must be apportioned between Indian and non-Indian fishers in order to safeguard the Indian's treaty rights. 68-416
Gambling
Under article IV, section 24 of the Wisconsin Constitution, and chapter 565, Stats., the state lottery board may conduct any lottery game which complies with the ticket language in the constitution and chapter 565. The term "lottery" in the constitution and statutes does not include any other forms of betting, the playing or operation of gambling machines and devices and other forms of gambling defined in chapter 945. The Legislature can statutorily authorize other non-lottery gambling including casino-type games.
Under the Indian Gaming Regulatory Act, 25 U.S.C.A. §§ 2701-2721 (West Supp. 1989), gambling activities as defined and prohibited in chapter 945, other than lotteries and pari-mutuel on-track wagering, are not permitted by any person within or without Indian country in the State of Wisconsin. This prohibition includes all non-lottery gambling such as casino-type games, gambling machines and other devices. The Legislature can statutorily authorize non-lottery gambling within Indian country. 79-14
Laws regarding gambling will apply on Indian reservations if they prohibit gambling activities entirely, but not if they merely regulate these activities. Most state laws regarding the newly allowed gambling activities of lotteries and parimutuel betting will not apply on Indian Reservations because these activities will no longer be entirely prohibited. 77-24
The State's anti-gambling laws are enforceable against Indians on Indian reservations under the authority of P. L. 280. 72-182
Indian Child Welfare Act
Jurisdictional questions relating to the implementation of the Indian Child bobbie Welfare Act (25 U.S.C. sec. 1901 et seq. discussed. 70-237
Intoxicating liquors
State liquor laws, including licensing requirements, are applicable to liquor establishments owned or operated by either tribe members or non-Indians, and located on Indian reservations. Any license issued counts toward the local quota. 75-123
The State of Wisconsin has no jurisdiction to require the Sokaogon (Mole Lake) Indian Tribe to secure a liquor license from the Town of Nashville in order to sell alcoholic beverages on the Mole Lake Indian Reservation during its annual Bluegrass Festival. 69-183
Jurisdiction
Jurisdictional questions relating to the implementation of the Indian Child Welfare Act (25 U.S.C. sec. 1901 et seq.) discussed. 70-237
Lac du Flambeau Reservation
The State has express authority under the General Allotment Act of 1887, as amended, 25 U.S.C. sec. 331 et seq., particularly 25 U.S.C. sec. 349, to impose ad valorem property taxes on Indian fee patented lands located within the Lac du Flambeau Reservation which were originally allotted under the Act after February 8, 1887. Indian fee patented lands allotted prior to that date directly under the Treaty of September 30, 1854, are not taxable by the State under 25 U.S.C. sec. 349. 72-74
Land
Land recently purchased and held in trust for Indian tribes or tribe members under the superintendence of federal government has the same reservation status as land reserved for the use of Indian tribes or tribe members by treaty or legislation. 71-82
