SF 2323

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to human services; regulating sober houses; amending Minnesota
Statutes 2006, sections 504B.001, subdivision 7; 626.5572, subdivision 6;
proposing coding for new law in Minnesota Statutes, chapters 254A; 462; 504B.

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

Section 1.

new text begin [254A.087] SOBER HOUSES.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin "Sober house" is defined as a cooperative living
residence, a room and board residence, an apartment, or any other living accommodation
that:
new text end

new text begin (1) provides temporary housing to persons with alcohol or other drug dependency or
abuse problems in exchange for compensation;
new text end

new text begin (2) stipulates residents must abstain from using alcohol or drugs and meet other
requirements as a condition of living in the residence; and
new text end

new text begin (3) does not provide counseling or treatment services to the residents.
new text end

new text begin Subd. 2. new text end

new text begin Provision of counseling services. new text end

new text begin Persons with alcohol or drug
dependency or abuse problems residing in sober houses shall be:
new text end

new text begin (1) provided with counseling and related services by alcohol and drug counselors
licensed under chapter 148C; or
new text end

new text begin (2) referred by the sober house to counseling and related services provided by
alcohol and drug counselors licensed under chapter 148C.
new text end

new text begin Subd. 3. new text end

new text begin Notice; alternative living arrangements; referral for counseling.
new text end

new text begin Persons with alcohol or drug dependency or abuse problems receiving residential services
shall be:
new text end

new text begin (1) provided with 48 hours written notice prior to discharge or termination of
services, stating the reason for discharge and proposed alternative living arrangements as
recommended by an assessment under Minnesota Rules, parts 9530.6600 to 9530.6660;
new text end

new text begin (2) provided alternative living arrangements to meet their needs as recommended by
an assessment under Minnesota Rules, parts 9530.6600 to 9530.6660, if discharge from the
program must occur prior to the expiration of 48 hours is deemed necessary by the facility;
new text end

new text begin (3) provided with information in writing who to contact to appeal the proposed
discharge; and
new text end

new text begin (4) informed of their right to request that designated individuals receive immediate
notice of the proposed discharge by telephone, fax, or other means of communication.
new text end

new text begin Weekends and legal holidays are excluded when calculating the 48 hours notice.
new text end

new text begin Subd. 4. new text end

new text begin Services by licensed providers. new text end

new text begin (a) Residential or outpatient facilities
licensed under chapter 245A shall only refer persons with alcohol or drug dependency or
abuse problems, or their family members or others affected by the person's dependency or
abuse, to persons licensed under chapter 148C or to facilities licensed under chapter 245A.
new text end

new text begin (b) If a referring facility has an economic interest in the referral, this interest shall be
disclosed in writing and two alternative referrals shall be provided.
new text end

new text begin (c) Organizations and groups that do not receive compensation for their services,
such as 12-step programs, are excluded from the requirements of this subdivision.
new text end

Sec. 2.

new text begin [462.175] SOBER HOUSES.
new text end

new text begin Notwithstanding any law to the contrary, sober houses, as defined in section
254A.087, are subject to the requirements of this chapter and any lawful zoning,
subdivision, building code, density, occupancy, or other real estate use law, ordinance,
charter provision, or regulation adopted by a state or local unit of government to promote
the public health, safety, and general welfare.
new text end

Sec. 3.

Minnesota Statutes 2006, section 504B.001, subdivision 7, is amended to read:

Subd. 7.

Landlord.

"Landlord" means an owner of real property, a contract for deed
vendee, receiver, executor, trustee, lessee, agent, or other person directly or indirectly in
control of rental property new text begin or sober house, as defined in section 254A.087 new text end .

Sec. 4.

new text begin [504B.392] WAIVER OF TENANT RIGHTS; REMEDIES.
new text end

new text begin Subdivision 1. new text end

new text begin Waiver prohibited. new text end

new text begin It shall be unlawful for any landlord to include
in a lease, a provision that requires a tenant to waive or modify any rights or remedies
provided by state law or local ordinance. An attempted waiver or modification by a
landlord and tenant, by contract or otherwise, is contrary to public policy and shall be
void and unenforceable.
new text end

new text begin Subd. 2. new text end

new text begin Attorney general; authority. new text end

new text begin The attorney general has authority under
section 8.31 to investigate and prosecute violations of this section.
new text end

Sec. 5.

Minnesota Statutes 2006, section 626.5572, subdivision 6, is amended to read:

Subd. 6.

Facility.

(a) "Facility" means a hospital or other entity required to be
licensed under sections 144.50 to 144.58; a nursing home required to be licensed to
serve adults under section 144A.02; a residential or nonresidential facility required to
be licensed to serve adults under sections 245A.01 to 245A.16; a home care provider
licensed or required to be licensed under section 144A.46; a hospice provider licensed
under sections 144A.75 to 144A.755; new text begin a sober house under section 254A.087, new text end or a person
or organization that exclusively offers, provides, or arranges for personal care assistant
services under the medical assistance program as authorized under sections 256B.04,
subdivision 16, 256B.0625, subdivision 19a, 256B.0651, and 256B.0653 to 256B.0656.

(b) For home care providers and personal care attendants, the term "facility" refers
to the provider or person or organization that exclusively offers, provides, or arranges for
personal care services, and does not refer to the client's home or other location at which
services are rendered.

Sec. 6. new text begin SOBER HOUSE WORKING GROUP; MEMBERSHIP.
new text end

new text begin (a) There is created a sober house working group composed of the following
members:
new text end

new text begin (1) the commissioner of human services or the commissioner's designee;
new text end

new text begin (2) the commissioner of health or the commissioner's designee;
new text end

new text begin (3) the director of the Housing Finance Agency or the director's designee; and
new text end

new text begin (4) the commissioner of public safety or the commissioner's designee.
new text end

new text begin (b) The working group created in paragraph (a) is directed to study issues related to
sober houses, as they are defined in Minnesota Statutes, section 254A.087, and determine
whether state licensing or other regulation is appropriate. The working group shall submit
a report of its findings and recommendations to the legislature by January 1, 2008.
new text end