2009 WISCONSIN ACT
232
An Act
to repeal
165.92 (3) (b) 2.;
to renumber and amend
165.92 (3) (a) and 165.92 (3) (b) 1.; and
to create
165.92 (3m) (a) (intro.), 165.92 (3m) (a) 2. and 165.92 (3m) (b) of the statutes;
relating to:
liability for actions of tribal law enforcement officers when enforcing state laws.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1
.
165.92 (3) (a) of the statutes is renumbered 165.92 (3) and amended to read:
165.92
(3)
Liability.
Unless
Except as provided in s. 175.40 (6m) (c) 1. and unless
otherwise provided in a joint program plan under s. 165.90 (2) or an agreement between a political subdivision of this state and a tribe, the tribe that employs a tribal law enforcement officer is liable for all acts
and omissions
of the officer while acting within the scope of his or her employment
,
and neither the state nor any political subdivision of the state may be held liable for any action of the officer taken under the authority of sub. (2)
(a)
.
Section
2c
.
165.92 (3) (b) 1. of the statutes is renumbered 165.92 (3m) (intro.) and amended to read:
165.92
(3m)
Requirements.
(intro.) No tribal law enforcement officer may exercise or perform the powers or duties described under sub. (2) (a) unless
all of
the
following apply:
(a) 1. The
governing body of the tribe that employs the officer adopts and has in effect a resolution
under this paragraph. Except as provided in subd. 2., a resolution under this paragraph shall include
that includes
a statement that the tribe waives its sovereign immunity to the extent necessary to allow the enforcement in the courts of this state of its liability under
par. (a)
sub. (3) or another resolution that the department of justice determines will reasonably allow the enforcement in the courts of this state of the tribe's liability under sub. (3)
.
Section
2g
.
165.92 (3) (b) 2. of the statutes is repealed.
Section
2r
.
165.92 (3m) (a) (intro.) of the statutes is created to read:
165.92
(3m)
(a) (intro.) One of the following:
Section
3g
.
165.92 (3m) (a) 2. of the statutes is created to read:
165.92
(3m)
(a) 2. The tribe or tribal law enforcement agency that employs the officer maintains liability insurance that does all of the following:
a. Covers the tribal law enforcement agency for its liability under sub. (2) and s. 66.0513.
b. Has a limit of coverage not less than $2,000,000 for any occurrence.
c. 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.
Section
4g
.
165.92 (3m) (b) of the statutes is created to read:
165.92
(3m)
(b) The tribe or tribal law enforcement agency that employs the officer has provided to the department of justice a copy of the resolution under par. (a) 1. or proof of insurance under par. (a) 2., and the department of justice has posted either a copy of the document or notice of the document on the Internet site it maintains for exchanging information with law enforcement agencies.
