Minnesota Session Laws - 1999, Regular Session

                            CHAPTER 175-H.F.No. 1607 
                  An act relating to peace officers; authorizing federally 
                  recognized tribes to exercise concurrent criminal 
                  jurisdictional authority with the local sheriff within 
                  the geographical boundaries of the tribe's 
                  reservation; establishing requirements for the 
                  exercise of such authority; amending Minnesota 
                  Statutes 1998, section 626.84, subdivision 1; 
                  proposing coding for new law in Minnesota Statutes, 
                  chapter 626. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 626.84, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] For purposes of sections 
        626.84 to 626.863, the following terms have the meanings given 
        them: 
           (a) "Board" means the board of peace officer standards and 
        training. 
           (b) "Director" means the executive director of the board. 
           (c) "Peace officer" means: 
           (1) an employee or an elected or appointed official of a 
        political subdivision or law enforcement agency who is licensed 
        by the board, charged with the prevention and detection of crime 
        and the enforcement of the general criminal laws of the state 
        and who has the full power of arrest, and shall also include the 
        Minnesota state patrol, agents of the division of alcohol and 
        gambling enforcement, state conservation officers, and 
        metropolitan transit police officers; and 
           (2) a peace officer who is employed by a law enforcement 
        agency of a federally recognized tribe, as defined in United 
        States Code, title 25, section 450b(e), and who is licensed by 
        the board. 
           (d) "Constable" has the meaning assigned to it in section 
        367.40. 
           (e) "Deputy constable" has the meaning assigned to it in 
        section 367.40. 
           (f) "Part-time peace officer" means an individual licensed 
        by the board whose services are utilized by law enforcement 
        agencies no more than an average of 20 hours per week, not 
        including time spent on call when no call to active duty is 
        received, calculated on an annual basis, who has either full 
        powers of arrest or authorization to carry a firearm while on 
        active duty.  The term shall apply even though the individual 
        receives no compensation for time spent on active duty, and 
        shall apply irrespective of the title conferred upon the 
        individual by any law enforcement agency.  The limitation on the 
        average number of hours in which the services of a part-time 
        peace officer may be utilized shall not apply to a part-time 
        peace officer who has formally notified the board pursuant to 
        rules adopted by the board of the part-time peace officer's 
        intention to pursue the specialized training for part-time peace 
        officers who desire to become peace officers pursuant to 
        sections 626.843, subdivision 1, clause (g), and 626.845, 
        subdivision 1, clause (g). 
           (g) "Reserve officer" means an individual whose services 
        are utilized by a law enforcement agency to provide 
        supplementary assistance at special events, traffic or crowd 
        control, and administrative or clerical assistance.  A reserve 
        officer's duties do not include enforcement of the general 
        criminal laws of the state, and the officer does not have full 
        powers of arrest or authorization to carry a firearm on duty. 
           (h) "Law enforcement agency" means: 
           (1) a unit of state or local government that is authorized 
        by law to grant full powers of arrest and to charge a person 
        with the duties of preventing and detecting crime and enforcing 
        the general criminal laws of the state; and 
           (2) subject to the limitations in section 626.93, a law 
        enforcement agency of a federally recognized tribe, as defined 
        in United States Code, title 25, section 450b(e). 
           (i) "Professional peace officer education" means a 
        post-secondary degree program, or a nondegree program for 
        persons who already have a college degree, that is offered by a 
        college or university in Minnesota, designed for persons seeking 
        licensure as a peace officer, and approved by the board. 
           Sec. 2.  [626.93] [LAW ENFORCEMENT AUTHORITY; TRIBAL PEACE 
        OFFICERS.] 
           Subdivision 1.  [DEFINITION.] As used in this section, 
        "tribe" means 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, or 626.92. 
           Subd. 2.  [TRIBAL LAW ENFORCEMENT AGENCY REQUIREMENTS.] A 
        tribe may exercise authority under subdivision 3 only if it 
        satisfies the following requirements: 
           (1) the tribe 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 section 626.84, 
        subdivision 1, paragraph (h), to the same extent as a 
        municipality under chapter 466, and the tribe further agrees, 
        notwithstanding section 16C.05, subdivision 7, to waive its 
        sovereign immunity with respect to claims arising from this 
        liability; 
           (2) the tribe 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 tribe 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) if the tribe's governing body has authorized its peace 
        officers to enforce criminal laws within the 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. 
           Subd. 3.  [CONCURRENT JURISDICTION.] If the requirements of 
        subdivision 2 are met and the tribe enters into a cooperative 
        agreement pursuant to subdivision 4, the tribe shall have 
        concurrent jurisdictional authority under this section with the 
        local county sheriff within the geographical boundaries of the 
        tribe's reservation to enforce state criminal law. 
           Subd. 4.  [COOPERATIVE AGREEMENTS.] In order to coordinate, 
        define, and regulate the provision of law enforcement services 
        and to 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 that term is 
        defined in section 471.59, subdivision 1. 
           Subd. 5.  [EFFECT ON FEDERAL LAW.] Nothing in this section 
        shall be construed to restrict a tribe's authority under federal 
        law. 
           Subd. 6.  [CONSTRUCTION.] This section is limited to law 
        enforcement authority only, and nothing in this section shall 
        affect any other jurisdictional relationships or disputes 
        involving a tribe or current reservation boundaries. 
           Sec. 3.  [EFFECTIVE DATE.] 
           Sections 1 and 2 are effective the day following final 
        enactment. 
           Presented to the governor May 14, 1999 
           Signed by the governor May 18, 1999, 4:18 p.m.