1.1                          A bill for an act 
  1.2             relating to human services licensing; modifying 
  1.3             requirements for location of residential programs; 
  1.4             amending Minnesota Statutes 2002, section 245A.11, 
  1.5             subdivision 4. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 245A.11, 
  1.8   subdivision 4, is amended to read: 
  1.9      Subd. 4.  [LOCATION OF RESIDENTIAL PROGRAMS.] In 
  1.10  determining whether to grant a license, the commissioner shall 
  1.11  specifically consider the population, size, land use plan, 
  1.12  availability of community services, and the number and size of 
  1.13  existing licensed residential programs in the town, 
  1.14  municipality, or county in which the applicant seeks to operate 
  1.15  a residential program.  The commissioner shall not grant an 
  1.16  initial license to any residential program if the residential 
  1.17  program will be within 1,320 feet of an existing residential 
  1.18  program unless one of the following conditions apply:  (1) the 
  1.19  existing residential program is located in a hospital licensed 
  1.20  by the commissioner of health; (2) the town, municipality, or 
  1.21  county zoning authority grants the residential program a 
  1.22  conditional use or special use permit; (3) the program serves 
  1.23  six or fewer persons and is not located in a city of the first 
  1.24  or second class; or (4) the program is child foster care.