SF 1650

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:22am

A bill for an act
relating to health and human services; requiring the commissioners of health
and human services to provide notice to cities of certain residential programs'
licensure; amending Minnesota Statutes 2008, sections 144D.03, by adding a
subdivision; 245A.11, subdivision 4, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2008, section 144D.03, is amended by adding a
subdivision to read:

new text begin Subd. 3. new text end

new text begin Notification. new text end

new text begin Within 30 days after a housing with services establishment
is registered, the commissioner shall provide written notification to the city or town in
which the facility is located informing the city or town of the location of the facility and
the name, address, and telephone number of the owner or managing agent of the facility.
new text end

Sec. 2.

Minnesota Statutes 2008, section 245A.11, subdivision 4, is amended to read:

Subd. 4.

Location of residential programs.

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; new text begin or
new text end

deleted text begin (3) the program serves six or fewer persons and is not located in a city of the first
class; or
deleted text end

deleted text begin (4) deleted text end new text begin (3) new text end the program is foster care.

Sec. 3.

Minnesota Statutes 2008, section 245A.11, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Notification. new text end

new text begin Within 30 days after the commissioner has issued a license
under this section, the commissioner shall provide written notification to the city or town
in which the facility is located informing the city or town of the location of the facility and
the name, address, and telephone number of the owner or managing agent of the facility.
new text end