HF 1808

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to liquor; modifying the definition of 
  1.3             chemically dependent person; modifying the definition 
  1.4             of neglect; changing certain reporting requirements; 
  1.5             providing civil penalties for failure to post certain 
  1.6             warnings; requiring the commissioner of public safety 
  1.7             to submit a study and report to the legislature; 
  1.8             amending Minnesota Statutes 1996, sections 253B.02, 
  1.9             subdivision 2; 340A.415; 626.556, subdivision 2; and 
  1.10            626.5561, subdivisions 1, 2, and by adding a 
  1.11            subdivision. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 1996, section 253B.02, 
  1.14  subdivision 2, is amended to read: 
  1.15     Subd. 2.  [CHEMICALLY DEPENDENT PERSON.] "Chemically 
  1.16  dependent person" means any person (a) determined as being 
  1.17  incapable of self-management or management of personal affairs 
  1.18  by reason of the habitual and excessive use of alcohol or drugs; 
  1.19  and (b) whose recent conduct as a result of habitual and 
  1.20  excessive use of alcohol or drugs poses a substantial likelihood 
  1.21  of physical harm to self or others as demonstrated by (i) a 
  1.22  recent attempt or threat to physically harm self or others, (ii) 
  1.23  evidence of recent serious physical problems, or (iii) a failure 
  1.24  to obtain necessary food, clothing, shelter, or medical care.  
  1.25  "Chemically dependent person" also means a pregnant woman who 
  1.26  has engaged during the pregnancy in habitual or excessive use, 
  1.27  for a nonmedical purpose, of any of the following controlled 
  1.28  substances or their derivatives:  cocaine, heroin, 
  2.1   phencyclidine, methamphetamine, or amphetamine.  "Chemically 
  2.2   dependent person" also means a pregnant woman who has engaged in 
  2.3   alcohol abuse that poses a substantial likelihood of harm to the 
  2.4   fetus. 
  2.5      Sec. 2.  Minnesota Statutes 1996, section 340A.415, is 
  2.6   amended to read: 
  2.7      340A.415 [LICENSE REVOCATION OR SUSPENSION; CIVIL PENALTY.] 
  2.8      On a finding that the license or permit holder has (1) sold 
  2.9   alcoholic beverages to another retail licensee for the purpose 
  2.10  of resale, (2) purchased alcoholic beverages from another retail 
  2.11  licensee for the purpose of resale, (3) conducted or permitted 
  2.12  the conduct of gambling on the licensed premises in violation of 
  2.13  the law, (4) failed to remove or dispose of alcoholic beverages 
  2.14  when ordered by the commissioner to do so under section 
  2.15  340A.508, subdivision 3, or (5) failed to comply with an 
  2.16  applicable statute, rule, or ordinance relating to alcoholic 
  2.17  beverages, the commissioner or the authority issuing a retail 
  2.18  license or permit under this chapter may revoke the license or 
  2.19  permit, suspend the license or permit for up to 60 days, impose 
  2.20  a civil penalty of up to $2,000 for each violation, or impose 
  2.21  any combination of these sanctions.  The commissioner or 
  2.22  authority issuing a retail license or permit under this chapter 
  2.23  shall impose a fine of $100 on a first offense for failure to 
  2.24  post or maintain a warning statement regarding drinking alcohol 
  2.25  while pregnant as required by section 340A.410, subdivision 4b.  
  2.26  On a second offense in the same 12-month period a $200 fine 
  2.27  shall be imposed.  On a third or subsequent offense in a 
  2.28  12-month period a fine of $300 and a three-day license 
  2.29  suspension shall be imposed.  No suspension or revocation takes 
  2.30  effect until the license or permit holder has been given an 
  2.31  opportunity for a hearing under sections 14.57 to 14.69 of the 
  2.32  administrative procedure act.  This section does not require a 
  2.33  political subdivision to conduct the hearing before an employee 
  2.34  of the office of administrative hearings.  Imposition of a 
  2.35  penalty or suspension by either the issuing authority or the 
  2.36  commissioner does not preclude imposition of an additional 
  3.1   penalty or suspension by the other so long as the total penalty 
  3.2   or suspension does not exceed the stated maximum.  
  3.3      Sec. 3.  Minnesota Statutes 1996, section 626.556, 
  3.4   subdivision 2, is amended to read: 
  3.5      Subd. 2.  [DEFINITIONS.] As used in this section, the 
  3.6   following terms have the meanings given them unless the specific 
  3.7   content indicates otherwise: 
  3.8      (a) "Sexual abuse" means the subjection of a child by a 
  3.9   person responsible for the child's care, by a person who has a 
  3.10  significant relationship to the child, as defined in section 
  3.11  609.341, or by a person in a position of authority, as defined 
  3.12  in section 609.341, subdivision 10, to any act which constitutes 
  3.13  a violation of section 609.342, 609.343, 609.344, or 609.345.  
  3.14  Sexual abuse also includes any act which involves a minor which 
  3.15  constitutes a violation of sections 609.321 to 609.324 or 
  3.16  617.246.  Sexual abuse includes threatened sexual abuse.  
  3.17     (b) "Person responsible for the child's care" means (1) an 
  3.18  individual functioning within the family unit and having 
  3.19  responsibilities for the care of the child such as a parent, 
  3.20  guardian, or other person having similar care responsibilities, 
  3.21  or (2) an individual functioning outside the family unit and 
  3.22  having responsibilities for the care of the child such as a 
  3.23  teacher, school administrator, or other lawful custodian of a 
  3.24  child having either full-time or short-term care 
  3.25  responsibilities including, but not limited to, day care, 
  3.26  babysitting whether paid or unpaid, counseling, teaching, and 
  3.27  coaching.  
  3.28     (c) "Neglect" means failure by a person responsible for a 
  3.29  child's care to supply a child with necessary food, clothing, 
  3.30  shelter or medical care when reasonably able to do so, failure 
  3.31  to protect a child from conditions or actions which imminently 
  3.32  and seriously endanger the child's physical or mental health 
  3.33  when reasonably able to do so, or failure to take steps to 
  3.34  ensure that a child is educated in accordance with state law. 
  3.35  Nothing in this section shall be construed to mean that a child 
  3.36  is neglected solely because the child's parent, guardian, or 
  4.1   other person responsible for the child's care in good faith 
  4.2   selects and depends upon spiritual means or prayer for treatment 
  4.3   or care of disease or remedial care of the child in lieu of 
  4.4   medical care; except that a parent, guardian, or caretaker, or a 
  4.5   person mandated to report pursuant to subdivision 3, has a duty 
  4.6   to report if a lack of medical care may cause serious danger to 
  4.7   the child's health.  This section does not impose upon persons, 
  4.8   not otherwise legally responsible for providing a child with 
  4.9   necessary food, clothing, shelter, education, or medical care, a 
  4.10  duty to provide that care. Neglect includes prenatal exposure to 
  4.11  a controlled substance, as defined in section 253B.02, 
  4.12  subdivision 2, used by the mother for a nonmedical purpose, or 
  4.13  prenatal alcohol abuse as defined in section 626.5561, 
  4.14  subdivision 4a, as evidenced by withdrawal symptoms in the child 
  4.15  at birth, results of a toxicology test performed on the mother 
  4.16  at delivery or the child at birth, or medical effects or 
  4.17  developmental delays during the child's first year of life that 
  4.18  medically indicate prenatal exposure to a controlled 
  4.19  substance or excessive amounts of alcohol.  Neglect also means 
  4.20  "medical neglect" as defined in section 260.015, subdivision 2a, 
  4.21  clause (5). 
  4.22     (d) "Physical abuse" means any physical or mental injury, 
  4.23  or threatened injury, inflicted by a person responsible for the 
  4.24  child's care on a child other than by accidental means, or any 
  4.25  physical or mental injury that cannot reasonably be explained by 
  4.26  the child's history of injuries, or any aversive and deprivation 
  4.27  procedures that have not been authorized under section 245.825.  
  4.28     (e) "Report" means any report received by the local welfare 
  4.29  agency, police department, or county sheriff pursuant to this 
  4.30  section. 
  4.31     (f) "Facility" means a day care facility, residential 
  4.32  facility, agency, hospital, sanitarium, or other facility or 
  4.33  institution required to be licensed pursuant to sections 144.50 
  4.34  to 144.58, 241.021, or 245A.01 to 245A.16.  
  4.35     (g) "Operator" means an operator or agency as defined in 
  4.36  section 245A.02.  
  5.1      (h) "Commissioner" means the commissioner of human services.
  5.2      (i) "Assessment" includes authority to interview the child, 
  5.3   the person or persons responsible for the child's care, the 
  5.4   alleged perpetrator, and any other person with knowledge of the 
  5.5   abuse or neglect for the purpose of gathering the facts, 
  5.6   assessing the risk to the child, and formulating a plan.  
  5.7      (j) "Practice of social services," for the purposes of 
  5.8   subdivision 3, includes but is not limited to employee 
  5.9   assistance counseling and the provision of guardian ad litem 
  5.10  services.  
  5.11     (k) "Mental injury" means an injury to the psychological 
  5.12  capacity or emotional stability of a child as evidenced by an 
  5.13  observable or substantial impairment in the child's ability to 
  5.14  function within a normal range of performance and behavior with 
  5.15  due regard to the child's culture.  
  5.16     (l) "Threatened injury" means a statement, overt act, 
  5.17  condition, or status that represents a substantial risk of 
  5.18  physical or sexual abuse or mental injury. 
  5.19     Sec. 4.  Minnesota Statutes 1996, section 626.5561, 
  5.20  subdivision 1, is amended to read: 
  5.21     Subdivision 1.  [REPORTS REQUIRED.] A person mandated to 
  5.22  report under section 626.556, subdivision 3, shall immediately 
  5.23  report to the local welfare agency if the person knows or has 
  5.24  reason to believe that a woman is pregnant and has used a 
  5.25  controlled substance for a nonmedical purpose or has abused 
  5.26  alcohol during the pregnancy.  Any person may make a voluntary 
  5.27  report if the person knows or has reason to believe that a woman 
  5.28  is pregnant and has used a controlled substance for a nonmedical 
  5.29  purpose or has abused alcohol during the pregnancy.  An oral 
  5.30  report shall be made immediately by telephone or otherwise.  An 
  5.31  oral report made by a person required to report shall be 
  5.32  followed within 72 hours, exclusive of weekends and holidays, by 
  5.33  a report in writing to the local welfare agency.  Any report 
  5.34  shall be of sufficient content to identify the pregnant woman, 
  5.35  the nature and extent of the controlled substance use or abuse 
  5.36  of alcohol, if known, and the name and address of the reporter. 
  6.1      Sec. 5.  Minnesota Statutes 1996, section 626.5561, 
  6.2   subdivision 2, is amended to read: 
  6.3      Subd. 2.  [LOCAL WELFARE AGENCY.] If the report alleges a 
  6.4   pregnant woman's use of a controlled substance for a nonmedical 
  6.5   purpose or abuse of alcohol, the local welfare agency shall 
  6.6   immediately conduct an appropriate assessment and offer services 
  6.7   indicated under the circumstances.  Services offered may 
  6.8   include, but are not limited to, a referral for chemical 
  6.9   dependency assessment, a referral for chemical dependency 
  6.10  treatment if recommended, and a referral for prenatal care.  The 
  6.11  local welfare agency may also take any appropriate action under 
  6.12  chapter 253B, including seeking an emergency admission under 
  6.13  section 253B.05.  The local welfare agency shall seek an 
  6.14  emergency admission under section 253B.05 if the pregnant woman 
  6.15  refuses recommended voluntary services or fails recommended 
  6.16  treatment.  
  6.17     Sec. 6.  Minnesota Statutes 1996, section 626.5561, is 
  6.18  amended by adding a subdivision to read: 
  6.19     Subd. 4a.  [ABUSE OF ALCOHOL.] For purposes of this 
  6.20  section, "abuse of alcohol" means: 
  6.21     (1) the person has required detoxification during the 
  6.22  pregnancy; 
  6.23     (2) the person reports having been intoxicated due to 
  6.24  alcohol use on at least one occasion in the last month after 
  6.25  knowing of the pregnancy, or is found to be an alcohol abuser 
  6.26  through use of a validated chemical use screening test; or 
  6.27     (3) the person appears intoxicated as indicated by two or 
  6.28  more of the following: 
  6.29     (i) the odor of alcohol; 
  6.30     (ii) slurred speech; 
  6.31     (iii) disconjugate gaze; 
  6.32     (iv) impaired balance; 
  6.33     (v) difficulty remaining awake; 
  6.34     (vi) consumption of alcohol; 
  6.35     (vii) responding to sights or sounds that are not actually 
  6.36  present; or 
  7.1      (viii) extreme restlessness, fast speech, or unusual 
  7.2   belligerence. 
  7.3      Sec. 7.  [STUDY AND REPORT REQUIRED.] 
  7.4      The commissioner of public safety shall complete a study 
  7.5   and submit a report to the legislature pursuant to Minnesota 
  7.6   Statutes, section 3.195, by February 1, 1998, including 
  7.7   recommendations for legislation or other action that will: 
  7.8      (1) decrease the sale of alcoholic beverages to, and the 
  7.9   consumption of alcoholic beverages by, persons under 21 years of 
  7.10  age, intoxicated persons, and pregnant women; 
  7.11     (2) reduce the number of alcohol-related accidents, 
  7.12  injuries, and deaths in the state; 
  7.13     (3) encourage responsible alcoholic beverage sales and 
  7.14  service by businesses that hold liquor licenses; and 
  7.15     (4) heighten awareness of the importance of responsible use 
  7.16  of alcohol by the people of the state. 
  7.17     Sec. 8.  [TRAINING PROGRAM.] 
  7.18     The commissioner of public safety shall, working with 
  7.19  affected and interested parties, develop a training program for 
  7.20  responsible alcoholic beverage sales and service which shall be 
  7.21  presented to the legislature by February 1, 1998.