Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                        CHAPTER 189-H.F.No. 1125 
           An act relating to law enforcement; authorizing the 
          Mille Lacs Band of Chippewa Indians to exercise law 
          enforcement authority within the Mille Lacs 
          Reservation and certain trust lands; proposing coding 
          for new law in Minnesota Statutes, chapter 626. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  [626.90] [LAW ENFORCEMENT AUTHORITY; TRIBAL 
PEACE OFFICERS.] 
    Subdivision 1.  [DEFINITION.] As used in this section, 
"band" means the federally recognized Mille Lacs Band of 
Chippewa Indians. 
    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 16B.06, subdivision 
6, 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 for the maximum amounts set forth in section 
466.04; 
    (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 only if the requirements of paragraph (a) are met and 
under the following circumstances: 
    (1) 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; 
    (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 
    (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. 
    Subd. 3.  [PEACE OFFICERS.] If the band complies with the 
requirements set forth in subdivision 2, the band 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 local units of government. 
    Subd. 4.  [COUNTY JAIL.] The sheriff of the county in which 
the violation occurred is responsible for receiving persons 
arrested by peace officers appointed under subdivision 3 and 
acting under the authority conferred by this section. 
    Subd. 5.  [PROSECUTING AUTHORITY.] The Mille Lacs county 
attorney is responsible to prosecute or initiate petitions for 
any person arrested, investigated, or detained by peace officers 
appointed under subdivision 3 and acting under the authority 
conferred by this section.  
    Subd. 6.  [EFFECT ON FEDERAL LAW.] Nothing in this section 
shall be construed to restrict the band's authority under 
federal law. 
    Subd. 7.  [CONSTRUCTION.] This section is limited to law 
enforcement authority only, and nothing in this section shall 
affect any other jurisdictional relationships or disputes 
involving the band or current reservation boundaries or entitle 
the band as a municipality or subdivision of government to any 
fine or penalty revenue allocation under section 487.33. 
    Sec. 2.  [EFFECTIVE DATE.] 
    Section 1 is effective the day following final enactment. 
    Presented to the governor May 23, 1991 
    Signed by the governor May 27, 1991, 10:12 p.m.