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HB 3232

West Virginia ALS Care Services Act

2025 Regular Session Introduced by Kayla Young

HB 3232 expands tribal and local law enforcement reach, requiring insurance and maps for tribes, and allows Prairie Band Potawatomi officers extended authority on Nation property a

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Bill Summary · HB 3232

HB 3232 — Tribal Law Enforcement Borders Act

Chapter 211, 2025 Laws — effective on the 91st day following adjournment sine die

Purpose / Intent

HB 3232 clarifies and expands the extra‑territorial law enforcement authority of certain governmental law enforcement officers — specifically county sheriffs, municipal officers in defined circumstances, and tribal law enforcement — and creates a framework for Prairie Band Potawatomi Nation officers to exercise law enforcement powers on Nation property and nearby areas. The bill conditions expanded tribal authority on the tribe maintaining specified liability insurance and limited waivers of sovereign immunity.

Key provisions

  • Short title: “Tribal Law Enforcement Borders Act.”
  • County sheriffs and deputies: may exercise law enforcement powers anywhere within their county (Section 5).
  • Municipal officers: may exercise law enforcement powers within municipal limits and, as drafted, on property owned or controlled by the municipality even when that property lies outside municipal boundaries; the bill also contains localized provisions (e.g., DeKalb and Johnson Counties) permitting cross‑jurisdictional exercise of authority in specified circumstances (Section 10).
  • Tribal law enforcement (general rules) (Section 15):
    • Tribal officers may exercise law enforcement powers anywhere within the exterior limits of their reservation provided the tribe:
    • Maintains a valid liability insurance policy meeting minimum coverage and endorsement requirements.
    • Files a reservation boundary map with the county clerk.
    • Insurance minimums and endorsements required (selected items):
    • At least $500,000 per person and $2,000,000 per occurrence for personal injury.
    • $1,000,000 per occurrence for property damage.
    • At least $2,000,000 aggregate loss limit.
    • Endorsements to cover mutual aid assistance and a clause preventing the insurer from invoking tribal sovereign immunity up to policy limits.
    • The tribe’s insurer must certify compliance to the Illinois Attorney General and notify the AG if coverage terminates or ceases to comply.
    • The tribe waives sovereign immunity solely to permit recovery under the liability insurance and only up to the policy limits.
    • Claims against tribal officers acting under this Act are to be handled “as if the tribe was the State under the Court of Claims Act”; however, that Act will not govern tribal insurance procurement.
    • The section preserves the ability to enter into intergovernmental agreements, does not alter federal Interior Department considerations for trust land determinations, and disclaims State liability for acts of tribal officers.
  • Prairie Band Potawatomi Nation (specific) (Section 20):
    • Nation officers may exercise powers on Nation‑owned, occupied, or operated property, at Nation‑sponsored event sites, on immediately adjacent/coterminous streets/highways, and within the municipality or county containing such property as needed to protect health, safety, and welfare.
    • Extended jurisdiction for Nation officers is subject to agreement(s) with the local municipality and/or county and the Nation’s governing board, including defined geographic scope and conditions for extended authority.

Who is affected

  • Tribal governments and tribal law enforcement agencies (notably the Prairie Band Potawatomi Nation).
  • County sheriffs and municipal police departments (and local public entities entering agreements).
  • Illinois Attorney General (receives insurance certifications and notifications).
  • County clerks (receive reservation maps).
  • Insurers providing liability coverage to tribes.
  • Individuals who may be subject to actions by tribal officers exercising expanded jurisdiction; claimants seeking recovery for torts by tribal officers.

Liability and claims process

  • Tribes must carry and certify specified liability coverage.
  • Tribal sovereign immunity is waived only to permit recovery under the insurance up to policy limits.
  • Claims are to be processed through mechanisms analogous to the Court of Claims Act for State claims (with limits noted above).

Procedural / timeline notes

  • Introduced: February 18–24, 2025 (introduced by Rep. Bradley Fritts).
  • Passed both chambers and signed by legislative leaders and Governor (Governor signed May 28, 2025).
  • Law enacted as Chapter 211 (2025) and becomes effective on the 91st day after adjournment sine die.
  • Companion bill: SB 2018.

Note: The bill text available contains some formatting and transcription irregularities in municipal/jurisdictional subsections; summaries above reflect the substantive requirements as presented in the enacted text (insurance minimums, map filing, limited waiver of sovereign immunity, and specified extra‑jurisdictional authority for the Prairie Band Potawatomi Nation).

Compiled from official sources — confirm details with the bill’s official record.

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