HF 3212

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to human services; modifying requirements for licensed residential
programs; amending Minnesota Statutes 2004, sections 245A.04, by adding a
subdivision; 245A.11, subdivisions 1, 2, 4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 245A.04, is amended by adding a
subdivision to read:

new text begin Subd. 14. new text end

new text begin Residential programs; direct threat. new text end

new text begin A license holder must not
knowingly admit a person to a residential program whose tenancy would constitute a
direct threat to the health or safety of other individuals or whose tenancy would result in
substantial physical damage to the property of others.
new text end

Sec. 2.

Minnesota Statutes 2004, section 245A.11, subdivision 1, is amended to read:

Subdivision 1.

Policy statement.

It is the policy of the state that persons shall not be
excluded by municipal zoning ordinances or other land use regulations from the benefits of
normal residential surroundings. new text begin This policy does not prohibit local units of government
from enacting land use or zoning statutes that balance the health and safety needs of
current residents with the needs of persons who live in licensed residential programs.
new text end

Sec. 3.

Minnesota Statutes 2004, section 245A.11, subdivision 2, is amended to read:

Subd. 2.

Permitted single-family residential use.

Residential programs with a
licensed capacity of six or fewer persons shall be considered a permitted single-family
residential use of property for the purposes of zoning and other land use regulations deleted text begin ,
except that a residential program whose primary purpose is to treat juveniles who have
violated criminal statutes relating to sex offenses or have been adjudicated delinquent on
the basis of conduct in violation of criminal statutes relating to sex offenses shall not be
considered a permitted use deleted text end . new text begin It shall not be considered a permitted use if a residential
program serves an individual:
new text end

new text begin (a) who has been adjudicated delinquent;
new text end

new text begin (b) who has a criminal record;
new text end

new text begin (c) who is a sex offender;
new text end

new text begin (d) who has been convicted of the sale or manufacture of illegal drugs;
new text end

new text begin (e) who currently uses illegal drugs; or
new text end

new text begin (f) whose tenancy would constitute a direct threat to the health or safety of other
individuals or whose tenancy would result in substantial physical damage to the property
of others.
new text end

This exception shall not apply to residential programs licensed before July 1, 1995.
Programs otherwise allowed under this subdivision shall not be prohibited by operation of
restrictive covenants or similar restrictions, regardless of when entered into, which cannot
be met because of the nature of the licensed program, including provisions which require
the home's occupants be related, and that the home must be occupied by the owner, or
similar provisions.

Sec. 4.

Minnesota Statutes 2004, section 245A.11, subdivision 4, is amended to read:

Subd. 4.

Location of residential programs.

new text begin (a) new text end In determining whether to grant
a license, the commissioner shall specifically consider the population, size, land use
plan, availability of community services, and the number and size of existing licensed
residential programs in the town, municipality, or county in which the applicant seeks
to operate a residential program. The commissioner shall not grant an initial license
to any residential program if the residential program will be within 1,320 feet of an
existing residential program unless one of the following conditions apply: (1) the existing
residential program is located in a hospital licensed by the commissioner of health; (2) the
town, municipality, or county zoning authority grants the residential program a conditional
use or special use permit; (3) the program serves six or fewer persons and is not located in
a city of the first class; or (4) the program is foster care.

new text begin (b) A local unit of government may prohibit residential facilities within one mile of
any school, licensed child care center, park, playground, or any other place where children
are known to congregate. An owner-occupied facility providing foster care may not be
prohibited under this paragraph.
new text end

Sec. 5. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective the day following final enactment.
new text end