HF 1918

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             regulating certain service providers; providing for 
  1.3             organization and operation of family services 
  1.4             collaboratives; providing limits on liability of 
  1.5             certain private corrections treatment facilities that 
  1.6             receive patients under court or administrative order; 
  1.7             amending Minnesota Statutes 1994, sections 121.8355, 
  1.8             subdivision 1, and by adding a subdivision; 466.01, 
  1.9             subdivision 1; and 471.59, subdivision 11; proposing 
  1.10            coding for new law in Minnesota Statutes, chapter 604A.
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1994, section 121.8355, 
  1.13  subdivision 1, is amended to read: 
  1.14     Subdivision 1.  [ESTABLISHMENT.] (a) In order to qualify as 
  1.15  a family services collaborative, a minimum of one school 
  1.16  district, one county, and one public health entity must agree in 
  1.17  writing to provide coordinated family services and commit 
  1.18  resources to an integrated fund.  Collaboratives are expected to 
  1.19  have broad community representation, which may include other 
  1.20  local providers, including additional school districts, 
  1.21  counties, and public health entities, other municipalities, 
  1.22  public libraries, existing culturally specific community 
  1.23  organizations, tribal entities, local health organizations, 
  1.24  private and nonprofit service providers, child care providers, 
  1.25  local foundations, community-based service groups, businesses, 
  1.26  local transit authorities or other transportation providers, 
  1.27  community action agencies under section 268.53, senior citizen 
  1.28  volunteer organizations, parent organizations, parents, and 
  2.1   sectarian organizations that provide nonsectarian services. 
  2.2      (b) Community-based collaboratives composed of 
  2.3   representatives of schools, local businesses, local units of 
  2.4   government, parents, students, clergy, health and social 
  2.5   services providers, youth service organizations, and existing 
  2.6   culturally specific community organizations may plan and develop 
  2.7   services for children and youth.  A community-based 
  2.8   collaborative must agree to collaborate with county, school 
  2.9   district, and public health entities.  Their services may 
  2.10  include opportunities for children or youth to improve child 
  2.11  health and development, reduce barriers to adequate school 
  2.12  performance, improve family functioning, provide community 
  2.13  service, enhance self esteem, and develop general employment 
  2.14  skills.  
  2.15     (c) Members of the governing bodies of political 
  2.16  subdivisions involved in the establishment of a family services 
  2.17  collaborative shall select representatives of the 
  2.18  nongovernmental entities listed in paragraph (a) to serve on a 
  2.19  joint board established under section 471.59, subdivision 11.  
  2.20  The governing body members shall determine the number of 
  2.21  representatives of the nongovernmental entities. 
  2.22     Sec. 2.  Minnesota Statutes 1994, section 121.8355, is 
  2.23  amended by adding a subdivision to read: 
  2.24     Subd. 2a.  [DUTIES OF CERTAIN COORDINATING BODIES.] By 
  2.25  mutual agreement of the collaborative and a coordinating body 
  2.26  listed in this subdivision, a family services collaborative may 
  2.27  assume the duties of a community transition interagency 
  2.28  committee established under section 120.17, subdivision 16; an 
  2.29  interagency early intervention committee established under 
  2.30  section 120.1701, subdivision 5; a local children's advisory 
  2.31  council established under section 245.4875, subdivision 5; or a 
  2.32  local coordinating council established under section 245.4875, 
  2.33  subdivision 6. 
  2.34     Sec. 3.  Minnesota Statutes 1994, section 466.01, 
  2.35  subdivision 1, is amended to read: 
  2.36     Subdivision 1.  [MUNICIPALITY.] For the purposes of 
  3.1   sections 466.01 to 466.15, "municipality" means any city, 
  3.2   whether organized under home rule charter or otherwise, any 
  3.3   county, town, public authority, public corporation, special 
  3.4   district, school district, however organized, county 
  3.5   agricultural society organized pursuant to chapter 38, joint 
  3.6   powers board or organization created under section 471.59 or 
  3.7   other statute, public library, regional public library system, 
  3.8   multicounty multitype library system, family services 
  3.9   collaborative established under section 121.8355, other 
  3.10  political subdivision, or community action agency. 
  3.11     Sec. 4.  Minnesota Statutes 1994, section 471.59, 
  3.12  subdivision 11, is amended to read: 
  3.13     Subd. 11.  [JOINT POWERS BOARD.] (a) Two or more 
  3.14  governmental units, through action of their governing bodies, by 
  3.15  adoption of a joint powers agreement that complies with the 
  3.16  provisions of subdivisions 1 to 5, may establish a joint board 
  3.17  to issue bonds or obligations pursuant to under any law by which 
  3.18  any of the governmental units establishing the joint board may 
  3.19  independently issue bonds or obligations and may use the 
  3.20  proceeds of the bonds or obligations to carry out the purposes 
  3.21  of the law under which the bonds or obligations are issued.  A 
  3.22  joint board created pursuant to established under this section 
  3.23  may issue obligations and other forms of indebtedness 
  3.24  only pursuant to in accordance with express authority granted by 
  3.25  the action of the governing bodies of the governmental 
  3.26  units which that established the joint board.  Except as 
  3.27  provided in paragraph (b), the joint board established pursuant 
  3.28  to under this subdivision shall must be composed solely of 
  3.29  members of the governing bodies of the governmental unit which 
  3.30  that established the joint board, and the.  A joint 
  3.31  board established under this subdivision may not pledge the full 
  3.32  faith and credit or taxing power of any of the governmental 
  3.33  units which that established the joint board.  The obligations 
  3.34  or other forms of indebtedness shall must be obligations of the 
  3.35  joint board issued on behalf of the governmental units creating 
  3.36  the joint board.  The obligations or other forms of indebtedness 
  4.1   shall must be issued in the same manner and subject to the same 
  4.2   conditions and limitations which that would apply if the 
  4.3   obligations were issued or indebtedness incurred by one of the 
  4.4   governmental units which that established the joint board, 
  4.5   provided that any reference to a governmental unit in the 
  4.6   statute, law, or charter provision authorizing the issuance of 
  4.7   the bonds or the incurring of the indebtedness shall be is 
  4.8   considered a reference to the joint board. 
  4.9      (b) Notwithstanding paragraph (a), two or more governmental 
  4.10  units may establish a joint board to establish and govern a 
  4.11  family services collaborative under section 121.8355.  The 
  4.12  membership of a board established under this paragraph, in 
  4.13  addition to members of the governing bodies of the participating 
  4.14  units, must include the representation required by section 
  4.15  121.8355, subdivision 1, paragraph (a), selected in accordance 
  4.16  with section 121.8355, subdivision 1, paragraph (c). 
  4.17     Sec. 5.  [604A.301] [LIMITED LIABILITY FOR CERTAIN 
  4.18  NONPROFIT TREATMENT FACILITIES.] 
  4.19     A treatment facility organized as a nonprofit corporation 
  4.20  under Minnesota law that accepts individuals for treatment under 
  4.21  a court order or an order of the commissioner of corrections as 
  4.22  part of an adult or juvenile corrections program is subject to 
  4.23  the same liability standards provided for state agencies under 
  4.24  section 3.736, subdivision 3, paragraphs (a) and (b), and the 
  4.25  limits on liability under section 3.736, subdivision 4, with 
  4.26  respect to claims against the facility arising out of the 
  4.27  treatment of those individuals or the activities of those 
  4.28  individuals while in the care of the program.  These standards 
  4.29  and limits also apply to referrals pursuant to interstate 
  4.30  compacts.  This section does not apply if the conduct of a 
  4.31  facility was intentional or grossly negligent. 
  4.32     Sec. 6.  [EFFECTIVE DATE; APPLICATION.] 
  4.33     Section 5 is effective August 1, 1996, and applies to 
  4.34  claims arising from incidents occurring on or after that date.