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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 185-S.F.No. 542 
                  An act relating to law enforcement; authorizing the 
                  Lower Sioux Indian community to exercise law 
                  enforcement authority; proposing coding for new law in 
                  Minnesota Statutes, chapter 626. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [626.91] [LAW ENFORCEMENT AUTHORITY; LOWER 
        SIOUX INDIAN COMMUNITY PEACE OFFICERS.] 
           Subdivision 1.  [DEFINITION.] As used in this section, 
        "community" means the Lower Sioux Indian Community. 
           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 (h), 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 16B.06, 
        subdivision 6, 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 for the maximum amounts set forth in section 
        466.04; 
           (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 shall 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.  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. 
           Subd. 3.  [CONCURRENT JURISDICTION.] The jurisdiction of 
        the community pursuant to this section shall be concurrent with 
        that of the Redwood county sheriff, provided that it shall be 
        limited to persons in the geographical boundaries of property 
        held by the United States in trust for the community.  
           Subd. 4.  [PEACE OFFICERS.] If the community complies with 
        the requirements set forth in subdivision 2, 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. 
           Subd. 5.  [COUNTY JAIL.] The Redwood county sheriff is 
        responsible for receiving persons arrested by peace officers 
        appointed by the community under subdivision 4 and acting under 
        the authority conferred by this section. 
           Subd. 6.  [PROSECUTING AUTHORITY.] The Redwood county 
        attorney is responsible for prosecuting or initiating petitions 
        for any person arrested, investigated, or detained by peace 
        officers appointed by the community under subdivision 4 and 
        acting under the authority conferred by this section.  
           Subd. 7.  [EFFECT ON FEDERAL LAW.] Nothing in this section 
        shall be construed to restrict the community's authority under 
        federal law. 
           Subd. 8.  [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 community.  
           Sec. 2.  [EFFECTIVE DATE.] 
           Section 1 is effective the day following enactment. 
           Presented to the governor May 19, 1997 
           Signed by the governor May 20, 1997, 10:32 a.m.