Minnesota Legislature
HF 2173
1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/20/2023 04:06pm
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 02/21/2023 | |
| 1st Engrossment | Posted on 03/20/2023 |
Current Version - 1st Engrossment
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A bill for an act
relating to public safety; modifying law enforcement of Mille Lacs Band of
Chippewa Indians; modifying requirements for Tribes to exercise concurrent law
enforcement jurisdictional authority; amending Minnesota Statutes 2022, sections
626.90, subdivision 2; 626.91, subdivisions 2, 4; 626.92, subdivisions 2, 3; 626.93,
subdivisions 3, 4; repealing Minnesota Statutes 2022, section 626.93, subdivision
7.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2022, section 626.90, subdivision 2, is amended to read:
Subd. 2.
Law enforcement agency.
(a) The band has the powers of a law enforcement
agency, as defined in section 626.84, subdivision 1, paragraph (f), if all of the requirements
of clauses (1) to (4) are met:
(1) the band agrees to be subject to liability for its torts and those of its officers,
employees, and agents acting within the scope of their employment or duties arising out of
a law enforcement agency function conferred by this section, to the same extent as a
municipality under chapter 466, and the band further agrees, notwithstanding section 16C.05,
subdivision 7, to waive its sovereign immunity for purposes of claims of this liability;
(2) the band files with the Board of Peace Officer Standards and Training a bond or
certificate of insurance for liability coverage with the maximum single occurrence amounts
set forth in section 466.04 and an annual cap for all occurrences within a year of three times
the single occurrence amount;
(3) the band files with the Board of Peace Officer Standards and Training a certificate
of insurance for liability of its law enforcement officers, employees, and agents for lawsuits
under the United States Constitution; and
(4) the band agrees to be subject to section 13.82 and any other laws of the state relating
to data practices of law enforcement agencies.
(b) The band deleted text begin shalldeleted text end new text begin may new text end enter into mutual aid/cooperative agreements with the Mille
Lacs County sheriff under section 471.59 to define and regulate the provision of law
enforcement services under this section. deleted text begin The agreements must define the trust property
involved in the joint powers agreement.
deleted text end
(c) new text begin Only if the requirements of paragraph (a) are met, new text end the band shall have concurrent
jurisdictional authority under this section with the Mille Lacs County Sheriff's Department
deleted text begin only if the requirements of paragraph (a) are met and under the following circumstances:
deleted text end
deleted text begin (1)deleted text end over all persons in the geographical boundaries of the deleted text begin property held by the United
States in trust for the Mille Lacs Band or the Minnesota Chippewa tribe;
deleted text end
deleted text begin (2) over all Minnesota Chippewa tribal members within the boundaries of thedeleted text end Treaty of
February 22, 1855, 10 Stat. 1165, in Mille Lacs County, Minnesotadeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(3) concurrent jurisdiction over any person who commits or attempts to commit a crime
in the presence of an appointed band peace officer within the boundaries of the Treaty of
February 22, 1855, 10 Stat. 1165, in Mille Lacs County, Minnesota.
deleted text end
Sec. 2.
Minnesota Statutes 2022, section 626.91, subdivision 2, is amended to read:
Subd. 2.
Law enforcement agency.
(a) The community has the powers of a law
enforcement agency, as defined in section 626.84, subdivision 1, paragraph (f), if all of the
requirements of clauses (1) to (4) are met:
(1) the community agrees to be subject to liability for its torts and those of its officers,
employees, and agents acting within the scope of their employment or duties arising out of
the law enforcement agency powers conferred by this section to the same extent as a
municipality under chapter 466, and the community further agrees, notwithstanding section
16C.05, subdivision 7, to waive its sovereign immunity with respect to claims arising from
this liability;
(2) the community files with the Board of Peace Officer Standards and Training a bond
or certificate of insurance for liability coverage with the maximum single occurrence amounts
set forth in section 466.04 and an annual cap for all occurrences within a year of three times
the single occurrence amount;
(3) the community files with the Board of Peace Officer Standards and Training a
certificate of insurance for liability of its law enforcement officers, employees, and agents
for lawsuits under the United States Constitution; and
(4) the community agrees to be subject to section 13.82 and any other laws of the state
relating to data practices of law enforcement agencies.
(b) The community deleted text begin shalldeleted text end new text begin maynew text end enter into an agreement under section 471.59 with the
Redwood County sheriff to define and regulate the provision of law enforcement services
under this section and to provide for mutual aid and cooperation. new text begin If entered, new text end the agreement
must identify and describe the trust property involved in the agreement. For purposes of
entering into this agreement, the community shall be considered a "governmental unit" as
that term is defined in section 471.59, subdivision 1.
Sec. 3.
Minnesota Statutes 2022, section 626.91, subdivision 4, is amended to read:
Subd. 4.
Peace officers.
If the community complies with the requirements set forth in
subdivision 2, new text begin paragraph (a), new text end the community is authorized to appoint peace officers, as
defined in section 626.84, subdivision 1, paragraph (c), who have the same powers as peace
officers employed by the Redwood County sheriff over the persons and the geographic
areas described in subdivision 3.
Sec. 4.
Minnesota Statutes 2022, section 626.92, subdivision 2, is amended to read:
Subd. 2.
Law enforcement agency.
(a) The band has the powers of a law enforcement
agency, as defined in section 626.84, subdivision 1, paragraph (f), if all of the requirements
of clauses (1) to (4) and paragraph (b) are met:
(1) the band agrees to be subject to liability for its torts and those of its officers,
employees, and agents acting within the scope of their employment or duties arising out of
the law enforcement agency powers conferred by this section to the same extent as a
municipality under chapter 466, and the band further agrees, notwithstanding section 16C.05,
subdivision 7, to waive its sovereign immunity for purposes of claims arising out of this
liability;
(2) the band files with the Board of Peace Officer Standards and Training a bond or
certificate of insurance for liability coverage with the maximum single occurrence amounts
set forth in section 466.04 and an annual cap for all occurrences within a year of three times
the single occurrence amount or establishes that liability coverage exists under the Federal
Torts Claims Act, United States Code, title 28, section 1346(b), et al., as extended to the
band pursuant to the Indian Self-Determination and Education Assistance Act of 1975,
United States Code, title 25, section 450f(c);
(3) the band files with the Board of Peace Officer Standards and Training a certificate
of insurance for liability of its law enforcement officers, employees, and agents for lawsuits
under the United States Constitution or establishes that liability coverage exists under the
Federal Torts Claims Act, United States Code, title 28, section 1346(b) et al., as extended
to the band pursuant to the Indian Self-Determination and Education Assistance Act of
1975, United States Code, title 25, section 450F(c); and
(4) the band agrees to be subject to section 13.82 and any other laws of the state relating
to data practices of law enforcement agencies.
(b) deleted text begin By July 1, 1998,deleted text end The band deleted text begin shalldeleted text end new text begin maynew text end enter into written mutual aid or cooperative
agreements with the Carlton County sheriff, the St. Louis County sheriff, and the city of
Cloquet under section 471.59 to define and regulate the provision of law enforcement
services under this section. new text begin If entered, new text end the agreements must define the following:
(1) the trust property involved in the joint powers agreement;
(2) the responsibilities of the county sheriffs;
(3) the responsibilities of the county attorneys; and
(4) the responsibilities of the city of Cloquet city attorney and police department.
Sec. 5.
Minnesota Statutes 2022, section 626.92, subdivision 3, is amended to read:
Subd. 3.
Concurrent jurisdiction.
The band shall have concurrent jurisdictional authority
under this section with the Carlton County and St. Louis County Sheriffs' Departments over
crimes committed within the boundaries of the Fond du Lac Reservation deleted text begin as indicated by
the mutual aid or cooperative agreements entered into under subdivision 2, paragraph (b),
and any exhibits or attachments to those agreementsdeleted text end new text begin if the requirements of subdivision 2,
paragraph (a), are met, regardless of whether a cooperative agreement pursuant to subdivision
2, paragraph (b), is entered intonew text end .
Sec. 6.
Minnesota Statutes 2022, section 626.93, subdivision 3, is amended to read:
Subd. 3.
Concurrent jurisdiction.
If the requirements of subdivision 2 are met deleted text begin and the
tribe enters into a cooperative agreement pursuant to subdivision 4deleted text end , the Tribe deleted text begin shall havedeleted text end new text begin hasnew text end
concurrent jurisdictional authority under this section with the local county sheriff within
the geographical boundaries of the Tribe's reservation to enforce state criminal law.
Sec. 7.
Minnesota Statutes 2022, section 626.93, subdivision 4, is amended to read:
Subd. 4.
Cooperative agreements.
In order to coordinate, define, and regulate the
provision of law enforcement services and to provide for mutual aid and cooperation,
governmental units and the Tribe deleted text begin shalldeleted text end new text begin maynew text end enter into agreements under section 471.59.
For the purposes of entering into these agreements, the Tribe deleted text begin shall bedeleted text end new text begin isnew text end considered a
"governmental unit" as that term is defined in section 471.59, subdivision 1.
Sec. 8. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2022, section 626.93, subdivision 7,
new text end
new text begin
is repealed.
new text end
APPENDIX
Repealed Minnesota Statutes: H2173-1
626.93 LAW ENFORCEMENT AUTHORITY; TRIBAL PEACE OFFICERS.
Subd. 7.
Exception; Prairie Island Indian Community.
Notwithstanding any contrary provision in subdivision 3 or 4, the Prairie Island Indian Community of the Mdewakanton Dakota tribe has concurrent jurisdictional authority under this section with the local county sheriff within the geographical boundaries of the community's reservation to enforce state criminal law if the requirements of subdivision 2 are met, regardless of whether a cooperative agreement pursuant to subdivision 4 is entered into.