SF 3094

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; amending the jurisdiction of the Mille Lacs band's
police power; amending Minnesota Statutes 2004, section 626.90, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, 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 (h), 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 shall 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. The agreements must define the trust property
involved in the joint powers agreement.

(c) The band shall have concurrent jurisdictional authority under this section with
the Mille Lacs County Sheriff's Department deleted text begin only deleted text end new text begin , new text end if the requirements of paragraph (a) are
met new text begin , new text end deleted text begin and under the following circumstances:
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deleted text begin (1) deleted text end over all persons in the geographical boundaries of the property held by the
United States in trust for the Mille Lacs Band or the Minnesota Chippewa tribe deleted text begin ; deleted text end new text begin .
new text end

deleted text begin (2) over all Minnesota Chippewa tribal members within the boundaries of the Treaty
of February 22, 1855, 10 Stat. 1165, in Mille Lacs County, Minnesota; and
deleted 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