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Minnesota Legislature

Office of the Revisor of Statutes

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.