Bill Summary – FastDemocracy

0338.02000
     Sixty-seventh
     Legislative Assembly                     HOUSE BILL NO. 1126
     of North Dakota
     Introduced by
       Representatives Roers Jones, Buffalo, Heinert, Ista, Jones, Mock, Porter
       Senators Bakke, Dwyer
  A BILL for an Act to amend and reenact section 12-63-02.2 of the North Dakota Century Code,
  relating to tribal police officers; and to declare an emergency.
  BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
      SECTION 1. AMENDMENT. Section 12-63-02.2 of the North Dakota Century Code is
  amended and reenacted as follows:
      12-63-02.2. Tribal police officers.
      1.   A tribal police officer of a federally recognized Indian tribe in this state who meets the
           requirements of this chapter and the rules adopted by the board is eligible for a peace
           officer license or part-time peace officer license. The board may waive the training
          program required for licensure for a tribal police officer.
     2.   The board shall issue a peace officer license or part-time peace officer license to a
          tribal police officer who is eligible for a peace officer license or part-time peace officer
          license under this section and who has paid the prescribed license fee if:
          a.     The tribal police officer has been appointed as a special deputy in accordance
                 with section 11-15-02;
          b.     The tribal police officer is employed by the state or a political subdivision; or
           c.    There is an agreement between the state or a political subdivision and the tribe
                 for tribal police officers to perform law enforcement services; or
          d.     The tribal police officer has completed the training program unless waived by the
                 board.
     3.   A tribal police officer who is a member of a police force of a tribal government and who
          is licensed under this section may exercise the powers of a peace officer of this state
          within the exterior boundaries of the reservation, or off the reservation, in accordance
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     Sixty-seventh
     Legislative Assembly
           with the terms and conditions of the special deputy appointment, the employment
           agreement, or the agreement between the state or political subdivision and the tribe.
      4.   A tribal police officer who has a peace officer license under this section is subject to
           this chapter and the rules adopted by the board, including requirements for license
           renewal or reinstatement, annual sidearm qualification, and continuing education.
      5.   The state or political subdivision is not liable for any act or omission of a tribal police
           officer exercising peace officer powers authorized by an agreement between the state
           or a political subdivision and a tribe.
      6.   Notwithstanding section 12-63-02, a tribal police officer is not required to be licensed
          in this state to provide emergency law enforcement services or to provide mutual aid
          to a law enforcement officer of the state or a political subdivision within the exterior
          boundaries of the reservation or off the reservation.
     7.   This section does not diminish or expand the jurisdiction of any tribe or the state.
    SECTION 2. EMERGENCY. This Act is declared to be an emergency measure.
                                               Page No. 2                           21.0338.02000
Statutes affected: 
INTRODUCED: 12-63-02.2
Enrollment: 12-63-02.2