1.1                          A bill for an act 
  1.2             relating to crime prevention; establishing an annual 
  1.3             insurance cap for tribal police departments; amending 
  1.4             Minnesota Statutes 1998, sections 626.90, subdivision 
  1.5             2; 626.91, subdivision 2; and 626.92, subdivision 2; 
  1.6             Minnesota Statutes 1999 Supplement, section 626.93, 
  1.7             subdivisions 1 and 2. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 626.90, 
  1.10  subdivision 2, is amended to read: 
  1.11     Subd. 2.  [LAW ENFORCEMENT AGENCY.] (a) The band has the 
  1.12  powers of a law enforcement agency, as defined in section 
  1.13  626.84, subdivision 1, paragraph (h), if all of the requirements 
  1.14  of clauses (1) to (4) are met: 
  1.15     (1) the band agrees to be subject to liability for its 
  1.16  torts and those of its officers, employees, and agents acting 
  1.17  within the scope of their employment or duties arising out of a 
  1.18  law enforcement agency function conferred by this section, to 
  1.19  the same extent as a municipality under chapter 466, and the 
  1.20  band further agrees, notwithstanding section 16C.05, subdivision 
  1.21  7, to waive its sovereign immunity for purposes of claims of 
  1.22  this liability; 
  1.23     (2) the band files with the board of peace officer 
  1.24  standards and training a bond or certificate of insurance for 
  1.25  liability coverage for with the maximum single occurrence 
  1.26  amounts set forth in section 466.04 and an annual cap for all 
  2.1   occurrences within a year of three times the single occurrence 
  2.2   amount; 
  2.3      (3) the band files with the board of peace officer 
  2.4   standards and training a certificate of insurance for liability 
  2.5   of its law enforcement officers, employees, and agents for 
  2.6   lawsuits under the United States Constitution; and 
  2.7      (4) the band agrees to be subject to section 13.82 and any 
  2.8   other laws of the state relating to data practices of law 
  2.9   enforcement agencies. 
  2.10     (b) The band shall enter into mutual aid/cooperative 
  2.11  agreements with the Mille Lacs county sheriff under section 
  2.12  471.59 to define and regulate the provision of law enforcement 
  2.13  services under this section.  The agreements must define the 
  2.14  trust property involved in the joint powers agreement. 
  2.15     (c) The band shall have concurrent jurisdictional authority 
  2.16  under this section with the Mille Lacs county sheriff's 
  2.17  department only if the requirements of paragraph (a) are met and 
  2.18  under the following circumstances: 
  2.19     (1) over all persons in the geographical boundaries of the 
  2.20  property held by the United States in trust for the Mille Lacs 
  2.21  band or the Minnesota Chippewa tribe; 
  2.22     (2) over all Minnesota Chippewa tribal members within the 
  2.23  boundaries of the Treaty of February 22, 1855, 10 Stat. 1165, in 
  2.24  Mille Lacs county, Minnesota; and 
  2.25     (3) concurrent jurisdiction over any person who commits or 
  2.26  attempts to commit a crime in the presence of an appointed band 
  2.27  peace officer within the boundaries of the Treaty of February 
  2.28  22, 1855, 10 Stat. 1165, in Mille Lacs county, Minnesota. 
  2.29     Sec. 2.  Minnesota Statutes 1998, section 626.91, 
  2.30  subdivision 2, is amended to read: 
  2.31     Subd. 2.  [LAW ENFORCEMENT AGENCY.] (a) The community has 
  2.32  the powers of a law enforcement agency, as defined in section 
  2.33  626.84, subdivision 1, paragraph (h), if all of the requirements 
  2.34  of clauses (1) to (4) are met: 
  2.35     (1) the community agrees to be subject to liability for its 
  2.36  torts and those of its officers, employees, and agents acting 
  3.1   within the scope of their employment or duties arising out of 
  3.2   the law enforcement agency powers conferred by this section to 
  3.3   the same extent as a municipality under chapter 466, and the 
  3.4   community further agrees, notwithstanding section 16C.05, 
  3.5   subdivision 7, to waive its sovereign immunity with respect to 
  3.6   claims arising from this liability; 
  3.7      (2) the community files with the board of peace officer 
  3.8   standards and training a bond or certificate of insurance for 
  3.9   liability coverage for with the maximum single occurrence 
  3.10  amounts set forth in section 466.04 and an annual cap for all 
  3.11  occurrences within a year of three times the single occurrence 
  3.12  amount; 
  3.13     (3) the community files with the board of peace officer 
  3.14  standards and training a certificate of insurance for liability 
  3.15  of its law enforcement officers, employees, and agents for 
  3.16  lawsuits under the United States Constitution; and 
  3.17     (4) the community agrees to be subject to section 13.82 and 
  3.18  any other laws of the state relating to data practices of law 
  3.19  enforcement agencies. 
  3.20     (b) The community shall enter into an agreement under 
  3.21  section 471.59 with the Redwood county sheriff to define and 
  3.22  regulate the provision of law enforcement services under this 
  3.23  section and to provide for mutual aid and cooperation.  The 
  3.24  agreement must identify and describe the trust property involved 
  3.25  in the agreement.  For purposes of entering into this agreement, 
  3.26  the community shall be considered a "governmental unit" as that 
  3.27  term is defined in section 471.59, subdivision 1. 
  3.28     Sec. 3.  Minnesota Statutes 1998, section 626.92, 
  3.29  subdivision 2, is amended to read: 
  3.30     Subd. 2.  [LAW ENFORCEMENT AGENCY.] (a) The band has the 
  3.31  powers of a law enforcement agency, as defined in section 
  3.32  626.84, subdivision 1, paragraph (h), if all of the requirements 
  3.33  of clauses (1) to (4) and paragraph (b) are met: 
  3.34     (1) the band agrees to be subject to liability for its 
  3.35  torts and those of its officers, employees, and agents acting 
  3.36  within the scope of their employment or duties arising out of 
  4.1   the law enforcement agency powers conferred by this section to 
  4.2   the same extent as a municipality under chapter 466, and the 
  4.3   band further agrees, notwithstanding section 16B.06 16C.05, 
  4.4   subdivision 6 7, to waive its sovereign immunity for purposes of 
  4.5   claims arising out of this liability; 
  4.6      (2) the band files with the board of peace officer 
  4.7   standards and training a bond or certificate of insurance for 
  4.8   liability coverage for with the maximum single occurrence 
  4.9   amounts set forth in section 466.04 and an annual cap for all 
  4.10  occurrences within a year of three times the single occurrence 
  4.11  amount or establishes that liability coverage exists under the 
  4.12  Federal Torts Claims Act, United States Code, title 28, section 
  4.13  1346(b), et al., as extended to the band pursuant to the Indian 
  4.14  Self-Determination and Education Assistance Act of 1975, United 
  4.15  States Code, title 25, section 450f(c); 
  4.16     (3) the band files with the board of peace officer 
  4.17  standards and training a certificate of insurance for liability 
  4.18  of its law enforcement officers, employees, and agents for 
  4.19  lawsuits under the United States Constitution or establishes 
  4.20  that liability coverage exists under the Federal Torts Claims 
  4.21  Act, United States Code, title 28, section 1346(b) et al., as 
  4.22  extended to the band pursuant to the Indian Self-Determination 
  4.23  and Education Assistance Act of 1975, United States Code, title 
  4.24  25, section 450F(c); and 
  4.25     (4) the band agrees to be subject to section 13.82 and any 
  4.26  other laws of the state relating to data practices of law 
  4.27  enforcement agencies. 
  4.28     (b) By July 1, 1998, the band shall enter into written 
  4.29  mutual aid or cooperative agreements with the Carlton county 
  4.30  sheriff, the St. Louis county sheriff, and the city of Cloquet 
  4.31  under section 471.59 to define and regulate the provision of law 
  4.32  enforcement services under this section.  The agreements must 
  4.33  define the following: 
  4.34     (1) the trust property involved in the joint powers 
  4.35  agreement; 
  4.36     (2) the responsibilities of the county sheriffs; 
  5.1      (3) the responsibilities of the county attorneys; and 
  5.2      (4) the responsibilities of the city of Cloquet city 
  5.3   attorney and police department. 
  5.4      Sec. 4.  Minnesota Statutes 1999 Supplement, section 
  5.5   626.93, subdivision 1, is amended to read: 
  5.6      Subdivision 1.  [DEFINITION.] As used in this section, 
  5.7   "tribe" means a federally recognized Indian tribe, as defined in 
  5.8   United States Code, title 25, section 450b(e), located within 
  5.9   the state of Minnesota, but does not include a tribe, band, or 
  5.10  community described in section 626.90, 626.91, or 626.92, or the 
  5.11  Mille Lacs Band of Chippewa Indians for purposes of exercising 
  5.12  law enforcement authority in Mille Lacs county only under 
  5.13  section 626.90.  Tribe includes the Mille Lacs Band of Chippewa 
  5.14  Indians for purposes of exercising law enforcement authority on 
  5.15  Mille Lacs Band of Chippewa Indians reservation lands which lie 
  5.16  outside of Mille Lacs county. 
  5.17     Sec. 5.  Minnesota Statutes 1999 Supplement, section 
  5.18  626.93, subdivision 2, is amended to read: 
  5.19     Subd. 2.  [TRIBAL LAW ENFORCEMENT AGENCY REQUIREMENTS.] A 
  5.20  tribe may exercise authority under subdivision 3 only if it 
  5.21  satisfies the following requirements: 
  5.22     (1) the tribe agrees to be subject to liability for its 
  5.23  torts and those of its officers, employees, and agents acting 
  5.24  within the scope of their employment or duties arising out of a 
  5.25  law enforcement agency function conferred by section 626.84, 
  5.26  subdivision 1, paragraph (h), to the same extent as a 
  5.27  municipality under chapter 466, and the tribe further agrees, 
  5.28  notwithstanding section 16C.05, subdivision 7, to waive its 
  5.29  sovereign immunity with respect to claims arising from this 
  5.30  liability; 
  5.31     (2) the tribe files with the board of peace officer 
  5.32  standards and training a bond or certificate of insurance for 
  5.33  liability coverage for with the maximum single occurrence 
  5.34  amounts set forth in section 466.04 and an annual cap for all 
  5.35  occurrences within a year of three times the single occurrence 
  5.36  amount; 
  6.1      (3) the tribe files with the board of peace officer 
  6.2   standards and training a certificate of insurance for liability 
  6.3   of its law enforcement officers, employees, and agents for 
  6.4   lawsuits under the United States Constitution; and 
  6.5      (4) if the tribe's governing body has authorized its peace 
  6.6   officers to enforce criminal laws within the boundaries of the 
  6.7   tribe's reservation, the tribe agrees to be subject to section 
  6.8   13.82 and any other laws of the state relating to data practices 
  6.9   of law enforcement agencies. 
  6.10     Sec. 6. [EFFECTIVE DATE.] 
  6.11     Sections 1 to 5 are effective the day following final 
  6.12  enactment.