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
, or the Mille Lacs Band of Chippewa Indians for purposes of exercising law enforcement
authority in Mille Lacs County only under section
. 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.
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 (f), to the same extent as a
municipality under chapter 466, and the tribe further agrees, notwithstanding section
, 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 with the maximum single occurrence amounts set forth in
and an annual cap for all occurrences within a year of three times the single
(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
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
. For the purposes of entering into
these agreements, the tribe shall be considered a "governmental unit" as that term is defined in
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.
History: 1999 c 175 s 2; 2000 c 411 s 6,7; 2005 c 10 art 2 s 4