Minnesota LegislatureOffice of the Revisor of Statutes
Minnesota Session Laws - 2000, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 411-S.F.No. 3338
An act relating to crime prevention; defining the
terms flee and peace officer for the crime of fleeing
a peace officer in a motor vehicle; establishing an
annual insurance cap for tribal police departments;
amending Minnesota Statutes 1998, sections 609.487,
subdivisions 1 and 2; 626.90, subdivision 2; 626.91,
subdivision 2; and 626.92, subdivision 2; Minnesota
Statutes 1999 Supplement, section 626.93, subdivisions
1 and 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1998, section 609.487,
subdivision 1, is amended to read:
Subdivision 1. [FLEE; DEFINITION.] For purposes of this
section, the term "flee" means to increase speed, extinguish
motor vehicle headlights or taillights, refuse to stop the
vehicle, or to use other means with intent to attempt to elude a
peace officer following a signal given by any peace officer to
the driver of a motor vehicle.
Sec. 2. Minnesota Statutes 1998, section 609.487,
subdivision 2, is amended to read:
Subd. 2. [PEACE OFFICER; DEFINITION.] For purposes of this
section, "peace officer" means:
(1) an employee of a political subdivision or state law
enforcement agency who is licensed by the Minnesota board of
peace officer standards and training, 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 and
Minnesota conservation officers; or
(2) an employee of a law enforcement agency of a federally
recognized tribe, as defined in United States Code, title 25,
section 450b(e), who is licensed by the Minnesota board of peace
officer standards and training; or
(3) a member of a duly organized state, county, or
municipal law enforcement unit of another state charged with the
duty to prevent and detect crime and generally enforce criminal
laws, and granted full powers of arrest.
Sec. 3. Minnesota Statutes 1998, 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 for 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 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.
Sec. 4. Minnesota Statutes 1998, section 626.91,
subdivision 2, is amended to read:
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 16C.05,
subdivision 7, 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 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 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.
Sec. 5. Minnesota Statutes 1998, section 626.92,
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) and paragraph (b) 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
the law enforcement agency powers conferred by this section to
the same extent as a municipality under chapter 466, and the
band further agrees, notwithstanding section 16B.06 16C.05,
subdivision 6 7, to waive its sovereign immunity for purposes of
claims arising out 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 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 or establishes that liability coverage exists under the
Federal Torts Claims Act, United States Code, title 28, section
1346(b), et al., as extended to the band pursuant to the Indian
Self-Determination and Education Assistance Act of 1975, United
States Code, title 25, section 450f(c);
(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 or establishes
that liability coverage exists under the Federal Torts Claims
Act, United States Code, title 28, section 1346(b) et al., as
extended to the band pursuant to the Indian Self-Determination
and Education Assistance Act of 1975, United States Code, title
25, section 450F(c); 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) By July 1, 1998, the band shall enter into written
mutual aid or cooperative agreements with the Carlton county
sheriff, the St. Louis county sheriff, and the city of Cloquet
under section 471.59 to define and regulate the provision of law
enforcement services under this section. The agreements must
define the following:
(1) the trust property involved in the joint powers
agreement;
(2) the responsibilities of the county sheriffs;
(3) the responsibilities of the county attorneys; and
(4) the responsibilities of the city of Cloquet city
attorney and police department.
Sec. 6. Minnesota Statutes 1999 Supplement, section
626.93, subdivision 1, is amended to read:
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, or the
Mille Lacs Band of Chippewa Indians for purposes of exercising
law enforcement authority in Mille Lacs county only under
section 626.90. Tribe includes the Mille Lacs Band of Chippewa
Indians for purposes of exercising law enforcement authority on
Mille Lacs Band of Chippewa Indians reservation lands which lie
outside of Mille Lacs county.
Sec. 7. Minnesota Statutes 1999 Supplement, section
626.93, subdivision 2, is amended to read:
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 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 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.
Sec. 8. [EFFECTIVE DATE.]
Sections 1 and 2 are effective August 1, 2000, and apply to
acts committed on or after that date. Sections 3 to 7 are
effective the day following final enactment.
Presented to the governor April 12, 2000
Signed by the governor April 14, 2000, 2:27 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes