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SF 542

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
  1.1                          A bill for an act 
  1.2             relating to law enforcement; authorizing the Lower 
  1.3             Sioux Indian community to exercise law enforcement 
  1.4             authority; proposing coding for new law in Minnesota 
  1.5             Statutes, chapter 626. 
  1.7      Section 1.  [626.91] [LAW ENFORCEMENT AUTHORITY; LOWER 
  1.9      Subdivision 1.  [DEFINITION.] As used in this section, 
  1.10  "community" means the Lower Sioux Indian community. 
  1.11     Subd. 2.  [LAW ENFORCEMENT AGENCY.] (a) The community has 
  1.12  the powers of a law enforcement agency, as defined in section 
  1.13  626.84, subdivision 1, paragraph (h), if all of the requirements 
  1.14  of clauses (1) to (4) are met: 
  1.15     (1) the community agrees to be subject to liability for its 
  1.16  torts and those of its officers, employees, and agents acting 
  1.17  within the scope of their employment or duties arising out of 
  1.18  the law enforcement agency powers conferred by this section to 
  1.19  the same extent as a municipality under chapter 466, and the 
  1.20  community further agrees, notwithstanding section 16B.06, 
  1.21  subdivision 6, to waive its sovereign immunity with respect to 
  1.22  claims arising from this liability; 
  1.23     (2) the community files with the board of peace officer 
  1.24  standards and training a bond or certificate of insurance for 
  1.25  liability coverage for the maximum amounts set forth in section 
  2.1   466.04; 
  2.2      (3) the community files with the board of peace officer 
  2.3   standards and training a certificate of insurance for liability 
  2.4   of its law enforcement officers, employees, and agents for 
  2.5   lawsuits under the United States Constitution; and 
  2.6      (4) the community agrees to be subject to section 13.82 and 
  2.7   any other laws of the state relating to data practices of law 
  2.8   enforcement agencies. 
  2.9      (b) The community shall enter into an agreement under 
  2.10  section 471.59 with the Redwood county sheriff to define and 
  2.11  regulate the provision of law enforcement services under this 
  2.12  section and to provide for mutual aid and cooperation.  The 
  2.13  agreement must identify and describe the trust property involved 
  2.14  in the agreement.  For purposes of entering into this agreement, 
  2.15  the community shall be considered a "governmental unit" as that 
  2.16  term is defined in section 471.59, subdivision 1. 
  2.17     Subd. 3.  [CONCURRENT JURISDICTION.] The jurisdiction of 
  2.18  the community pursuant to this section shall be concurrent with 
  2.19  that of the Redwood county sheriff, provided that it shall be 
  2.20  limited to the following persons and territory: 
  2.21     (1) all persons in the geographical boundaries of property 
  2.22  held by the United States in trust for the community; and 
  2.23     (2) any person who commits or attempts to commit a crime in 
  2.24  the presence of an appointed Lower Sioux Indian community peace 
  2.25  officer. 
  2.26     Subd. 4.  [PEACE OFFICERS.] If the community complies with 
  2.27  the requirements set forth in subdivision 2, the community is 
  2.28  authorized to appoint peace officers, as defined in section 
  2.29  626.84, subdivision 1, paragraph (c), who have the same powers 
  2.30  as peace officers employed by the Redwood county sheriff over 
  2.31  the persons and the geographic areas described in subdivision 3. 
  2.32     Subd. 5.  [COUNTY JAIL.] The Redwood county sheriff is 
  2.33  responsible for receiving persons arrested by peace officers 
  2.34  appointed by the community under subdivision 4 and acting under 
  2.35  the authority conferred by this section. 
  2.36     Subd. 6.  [PROSECUTING AUTHORITY.] The Redwood county 
  3.1   attorney is responsible for prosecuting or initiating petitions 
  3.2   for any person arrested, investigated, or detained by peace 
  3.3   officers appointed by the community under subdivision 4 and 
  3.4   acting under the authority conferred by this section.  
  3.5      Subd. 7.  [EFFECT ON FEDERAL LAW.] Nothing in this section 
  3.6   shall be construed to restrict the community's authority under 
  3.7   federal law. 
  3.8      Subd. 8.  [CONSTRUCTION.] This section is limited to law 
  3.9   enforcement authority only, and nothing in this section shall 
  3.10  affect any other jurisdictional relationships or disputes 
  3.11  involving the community. 
  3.12     Sec. 2.  [EFFECTIVE DATE.] 
  3.13     Section 1 is effective the day following enactment.