231 Relating to: transferring ownership and jurisdiction of a municipality's highways to an American Indian tribe or agency of the United States government.

Date of enactment: May 5, 2010
2009 Senate Bill 287 Date of publication*: May 19, 2010

* Section 991.11, Wisconsin Statutes 2007-08 : Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].

2009 WISCONSIN ACT 231

An Act to create 86.257 of the statutes; relating to: transferring ownership and jurisdiction of a highway to an American Indian tribe or agency of the United States government that is acting on behalf of an American Indian tribe.

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

Section 1 . 86.257 of the statutes is created to read:

86.257 Transfer of highways. The department or a political subdivision, as defined in s. 86.31 (1) (d), may transfer jurisdiction and ownership of, or other property interest in, a highway that is under the jurisdiction of the department or political subdivision to a federally recognized American Indian tribe or band in this state or an agency of the United States government that is acting on behalf of a federally recognized American Indian tribe or band in this state by entering into a jurisdictional transfer agreement with the tribe or band or agency. The jurisdictional transfer agreement shall contain all of the following:

(1) A dispute resolution procedure.

(2) A provision that requires that the transferred highway remain open to the use of the public as a matter of right for the purposes of vehicular traffic unless the tribe or band or agency conducts proceedings, makes findings, and meets other conditions for discontinuation that would be applicable to the governing body of a 1st class city under s. 62.73, if the highway is located in a 1st class city; the governing body of a village or city, except a 1st class city, under s. 66.1003, if the highway is located in a village or city, except a 1st class city; or the governing body of a town under s. 82.10, if the highway is located in a town.