as introduced - 89th Legislature (2015 - 2016) Posted on 08/24/2015 10:24am
A bill for an act
relating to public safety; allowing Red Lake Band of Chippewa Indians law
enforcement officers to exercise arrest authority over non-Indians for offenses
committed within the exterior boundaries of the tribe's reservation; proposing
coding for new law in Minnesota Statutes, chapter 626.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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As used in this section, "tribe" means Red Lake Band of
Chippewa Indians, a federally recognized Indian tribe, as defined in United States Code,
title 25, section 450B(e), located within the state of Minnesota, but does not include a
tribe, band, or community described in section 626.90, 626.91, 626.92, or 626.93.
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A tribe may exercise law
enforcement authority over non-Indians within its exterior boundaries only if it meets the
following requirements:
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(1) the tribe's governing body has authorized its tribal police officers to enforce
criminal laws within the exterior boundaries of the tribe's reservation, the tribe agrees to
be subject to section 13.82 and any other laws of the state relating to data practices of law
enforcement agencies for those incidents or arrests of non-Indians;
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(2) the tribe maintains federal contracting under self-governance and federal tort act
coverage, no additional insurance mandate shall apply; and
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(3) the tribe contracts directly with the Board of Peace Officer Standards and
Training for certifications of its police officers.
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There shall be no requirement for concurrent
jurisdiction provided that subdivision 2 is met.
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In order to coordinate, define, and regulate
the provision of law enforcement services and provide for mutual aid and cooperation,
governmental units and the tribe shall enter into agreements under section 471.59. For the
purposes of entering into these agreements, the tribe shall be considered a "governmental
unit" as defined in section 471.59, subdivision 1.
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Nothing in this section shall be construed
to waive the tribe's sovereign immunity.
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Nothing in this section shall be construed to restrict
the tribe's authority under federal law.
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This section is limited to law enforcement authority only,
and nothing in this section shall affect any other jurisdictional relationships or disputes
involving the tribe or current reservation boundaries.
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