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1983 Minnesota Session Laws

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                         Laws of Minnesota 1983 

                         CHAPTER 345--S.F.No. 61
           An act relating to public safety and welfare; 
          prohibiting reparation obligors from prorating the 
          disability and income loss benefits on a daily basis; 
          prohibiting unsafe operation of motorcycles; 
          increasing penalties for failure to stop at the scene 
          of certain accidents; defining persons responsible for 
          a child's care under the child abuse reporting law; 
          clarifying investigative authority of welfare agencies 
          in making mandated investigations of physical or 
          sexual abuse and neglect; changing the definition of 
          facility; clarifying the prosecutorial responsibility 
          for certain crimes; amending Minnesota Statutes 1982, 
          sections 65B.44, subdivision 3; 169.09, subdivisions 
          1, 3, 6, 7, and 14, and by adding a subdivision; 
          169.974, subdivision 5; 388.051, as amended; 388.18, 
          subdivision 5, as amended; 487.25, subdivision 10, as 
          amended; 488A.10, subdivision 11, as amended; and 
          626.556, subdivisions 1, 2, 4, 7, and 10, and by 
          adding subdivisions.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 65B.44, 
subdivision 3, is amended to read: 
    Subd. 3.  [DISABILITY AND INCOME LOSS BENEFITS.] Disability 
and income loss benefits shall provide compensation for 85 
percent of the injured person's loss of present and future gross 
income from inability to work proximately caused by the nonfatal 
injury subject to a maximum of $200 per week.  Loss of income 
includes the costs incurred by a self-employed person to hire 
substitute employees to perform tasks which are necessary to 
maintain his income, which he normally performs himself, and 
which he cannot perform because of his injury.  
    If the injured person is unemployed at the time of injury 
and is receiving or is eligible to receive unemployment benefits 
under chapter 268, but the injured person loses his eligibility 
for those benefits because of inability to work caused by the 
injury, disability and income loss benefits shall provide 
compensation for the lost benefits in an amount equal to the 
unemployment benefits which otherwise would have been payable, 
subject to a maximum of $200 per week.  
    Compensation under this subdivision shall be reduced by any 
income from substitute work actually performed by the injured 
person or by income the injured person would have earned in 
available appropriate substitute work which he was capable of 
performing but unreasonably failed to undertake. 
    For the purposes of this section "inability to work" means 
disability which prevents the injured person from engaging in 
any substantial gainful occupation or employment on a regular 
basis, for wage or profit, for which he is or may by training 
become reasonably qualified.  If the injured person returns to 
his employment and is unable by reason of his injury to work 
continuously, compensation for lost income shall be reduced by 
the income received while he is actually able to work.  The 
weekly maximums may not be prorated to arrive at a daily 
maximum, even if the injured person does not incur loss of 
income for a full week.  
    Sec. 2.  Minnesota Statutes 1982, section 169.09, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DRIVER TO STOP.] The driver of any vehicle 
involved in an accident resulting in bodily injury to or death 
of any person shall immediately stop the vehicle at the scene of 
the accident, or as close thereto to the scene as possible, but 
shall then return to and in every event, shall remain at, the 
scene of the accident until he has fulfilled the requirements of 
this chapter as to the giving of information.  The stop shall be 
made without unnecessarily obstructing traffic. 
    Sec. 3.  Minnesota Statutes 1982, section 169.09, 
subdivision 3, is amended to read: 
    Subd. 3.  [DRIVER TO GIVE INFORMATION.] (a) The driver of 
any vehicle involved in an accident resulting in bodily injury 
to or death of any person, or damage to any vehicle which is 
driven or attended by any person, shall stop and give his name, 
address, date of birth and the registration number of the 
vehicle he is driving, and shall, upon request and if available, 
exhibit his driver's license or permit to drive to the person 
struck or the driver or occupant of or person attending any 
vehicle collided with, and.  The driver also shall give such the 
information and upon request exhibit such the license or permit 
to any police officer at the scene of the accident or who is 
investigating the accident, and.  The driver shall render 
reasonable assistance to any person injured in such the accident.
    (b) If not given at the scene of the accident, the driver, 
within 72 hours thereafter, shall give upon request to any 
person involved in the accident or to a peace officer 
investigating the accident the name and address of the insurer 
providing automobile liability insurance coverage, and the local 
insurance agent for the insurer.  A driver who fails to provide 
the information requested pursuant to this clause is guilty of a 
petty misdemeanor.  
    Sec. 4.  Minnesota Statutes 1982, section 169.09, 
subdivision 6, is amended to read: 
    Subd. 6.  [NOTIFY POLICE OF PERSONAL INJURY.] The driver of 
a vehicle involved in an accident resulting in bodily injury to 
or death of any person shall, after compliance with the 
provisions of this section, by the quickest means of 
communication, give notice of such the accident to the local 
police department, if the accident occurs within a municipality, 
or to a state patrol officer if the accident occurs on a trunk 
highway, or to the office of the sheriff of the county. 
    Sec. 5.  Minnesota Statutes 1982, section 169.09, 
subdivision 7, is amended to read: 
    Subd. 7.  [ACCIDENT REPORT TO COMMISSIONER.] The driver of 
a vehicle involved in an accident resulting in bodily injury to 
or death of any person or total property damage to an apparent 
extent of $500 or more, shall forward a written report of the 
accident to the commissioner of public safety within ten days 
thereof.  If, in the opinion of the commissioner of public 
safety, the original report of any driver of a vehicle involved 
in an accident of which report must be made as provided in this 
section is insufficient he may require the driver to file 
supplementary reports.  
    Sec. 6.  Minnesota Statutes 1982, section 169.09, 
subdivision 14, is amended to read: 
    Subd. 14. [PENALTY PENALTIES.] Except as provided in 
subdivision 3, clause (b), any person failing to comply with any 
of the requirements of this section, under the circumstances 
specified, shall be guilty of a misdemeanor.  
    (a) The driver of any vehicle who violates subdivision 1 or 
6 and who caused the accident is punishable as follows:  
    (1) If the accident results in the death of any person, the 
driver is guilty of a felony and may be sentenced to 
imprisonment for not more than five years, or to payment of a 
fine of not more than $5,000, or both; or 
    (2) If the accident results in substantial bodily injury to 
any person, as defined in section 609.02, subdivision 8, the 
driver is guilty of a felony and may be sentenced to 
imprisonment for not more than three years, or to payment of a 
fine of not more than $3,000, or both.  
    (b) The driver of any vehicle who violates subdivision 1 or 
6 and who did not cause the accident or who violates subdivision 
2 is guilty of a gross misdemeanor, and may be sentenced to 
imprisonment for not more than one year, or to payment of a fine 
of not more than $1,000, or both.  
    (c) Any person who violates subdivision 3, clause (b) is 
guilty of a petty misdemeanor.  
    (d) Any person who violates subdivision 3, clause (a), or 
subdivision 4, 5, 7, 8, 10, 11, or 12 is guilty of a misdemeanor.
    The attorney in the jurisdiction in which the violation 
occurred who is responsible for prosecution of misdemeanor 
violations of this section shall also be responsible for 
prosecution of gross misdemeanor violations of this section.  
    Sec. 7.  Minnesota Statutes 1982, section 169.09, is 
amended by adding a subdivision to read:  
    Subd. 15.  [DEFENSE.] It is an affirmative defense to 
prosecution under subdivisions 1, 2, and 6 that the driver left 
the scene of the accident to take any person suffering 
substantial bodily injury in the accident to receive emergency 
medical care if the driver of the involved vehicle gives notice 
to a law enforcement agency as required by subdivision 6 as soon 
as reasonably feasible after the emergency medical care has been 
undertaken.  
    Sec. 8.  Minnesota Statutes 1982, section 169.974, 
subdivision 5, is amended to read:  
    Subd. 5.  [DRIVING RULES.] (a) An operator of a motorcycle 
shall ride only upon a permanent and regular seat which is 
attached to the vehicle for such that purpose.  No other person 
shall ride on a motorcycle; except that passengers may ride upon 
a permanent and regular operator's seat if designed for two 
persons, or upon additional seats attached to the vehicle to the 
rear of the operator's seat, or in a sidecar attached to the 
vehicle; provided, however, that the operator of a motorcycle 
shall not carry passengers in a number in excess of the designed 
capacity of the motorcycle or sidecar attached to it.  No 
passenger shall be carried in a position that will interfere 
with the safe operation of the motorcycle or the view of the 
operator. 
    (b) No person shall ride upon any a motorcycle as a 
passenger unless, when sitting astride his the seat, he the 
person can reach the foot rests with both feet. 
    (c) No person, except passengers of sidecars or drivers and 
passengers of three-wheeled motorcycles, shall operate or ride 
upon a motorcycle except while sitting astride the seat, facing 
forward, with one leg on either side of the motorcycle. 
    (d) No person shall operate a motorcycle while carrying 
animals, packages, bundles, or articles other cargo which 
prevent him the person from keeping both hands on the handlebars.
    (e) No person shall operate a motorcycle between lanes of 
moving or stationary vehicles headed in the same direction, nor 
shall any person drive a motorcycle abreast of or overtake or 
pass another vehicle within the same traffic lane, except that 
motorcycles may, with the consent of both drivers, be operated 
not more than two abreast in a single traffic lane. 
    (f) All Motor vehicles including motorcycles are entitled 
to the full use of a traffic lane and no motor vehicle shall may 
be driven or operated in such a manner so as to deprive any a 
motorcycle of the full use of a traffic lane. 
    (g) Every A person operating a motorcycle upon a roadway 
shall must be granted all of the rights and shall be is 
subject to all of the duties applicable to a motor vehicle as 
provided by law, except as to those provisions which by their 
nature can have no application. 
    (h) Clause (e) of this subdivision shall does not apply to 
police officers in the performance of their official duties. 
    (i) No person shall operate a motorcycle on a street or 
highway unless the headlight or headlights are lighted at all 
times the motorcycle is so operated. 
    Sec. 9.  Minnesota Statutes 1982, section 388.051, as 
amended by Laws 1983, chapter 177, section 5, is amended to read:
    388.051 [DUTIES.] 
    Subdivision 1.  [GENERAL PROVISIONS.] The county attorney 
shall:  
    (a) Appear in all cases in which the county is a party; 
    (b) Give opinions and advice, upon the request of the 
county board or any county officer, upon all matters in which 
the county is or may be interested, or in relation to the 
official duties of the board or officer;  
    (c) Prosecute felonies, including the drawing of 
indictments found by the grand jury, and, to the extent 
prescribed by law, gross misdemeanors, misdemeanors, petty 
misdemeanors, and violations of municipal ordinances, charter 
provisions and rules or regulations;  
    (d) Attend before the grand jury, give them legal advice 
and examine witnesses in their presence;  
    (e) Request the clerk of court to issue subpoenas to bring 
witnesses before the grand jury or any judge or judicial officer 
before whom he is conducting a criminal hearing;  
    (f) Attend any inquest at the request of the coroner;  and 
    (g) Appear, when requested by the attorney general, for the 
state in any case instituted by the attorney general in his 
county or before the United States land office in case of 
application to preempt or locate any public lands claimed by the 
state and assist in the preparation and trial.  
    Subd. 2.  [SPECIAL PROVISION; GROSS MISDEMEANORS.] In 
Anoka, Carver, Dakota, Hennepin, Scott, and Washington counties, 
the county attorney shall only prosecute gross misdemeanor 
violations of sections 290.53, subdivisions 4 and 8; 290.92, 
subdivision 15; 290A.11, subdivision 2; 297A.08; 297A.39, 
subdivisions 4 and 8; 297B.10; 609.255, subdivision 3; 609.377; 
609.378; and 609.41.  
    Sec. 10.  Minnesota Statutes 1982, section 388.18, 
subdivision 5, as amended by Laws 1983, chapter 177, section 7, 
is amended to read: 
    Subd. 5.  [BUDGET FOR OFFICE.] The county board by 
resolution shall provide the budget for (1) the salary of the 
county attorney, any assistant county attorneys and employees in 
the county attorney's office; (2) the salary or other fees of 
any attorneys or firms of attorneys employed or engaged to 
prosecute misdemeanors, petty misdemeanors, gross misdemeanors, 
municipal ordinance violations, or municipal charter, rule or 
regulation violations, if any; (3) other expenses necessary in 
the performance of the duties of the office; and (4) the payment 
of premiums of any bonds required of the county attorney and any 
assistant county attorney or employee in the county attorney's 
office.  The board is authorized to appropriate funds for those 
purposes.  
    Sec. 11.  Minnesota Statutes 1982, section 487.25, 
subdivision 10, as amended by Laws 1983, chapter 177, section 9, 
is amended to read: 
    Subd. 10.  [PROSECUTING ATTORNEYS.] Except as otherwise 
provided by law, violations of state law which are petty 
misdemeanors, misdemeanors, or violations of a municipal 
ordinance, charter provision, rule or regulation shall be 
prosecuted by the attorney of the municipality where the 
violation is alleged to have occurred.  The municipality may 
enter into an agreement with the county board and the county 
attorney to provide prosecution services for any criminal 
offense.  All other offenses shall be prosecuted by the county 
attorney of the county in which the alleged violation occurred. 
    In the counties of Anoka, Carver, Dakota, Scott, and 
Washington, violations of state law which are petty 
misdemeanors, misdemeanors, or gross misdemeanors except as 
provided in section 388.051, subdivision 2, or violations of a 
municipal ordinance, charter provision, rule, or regulation 
shall be prosecuted by the attorney of the municipality where 
the violation is alleged to have occurred.  The municipality may 
enter into an agreement with the county board and the county 
attorney to provide prosecution services for any criminal 
offense.  All other offenses shall be prosecuted by the county 
attorney of the county in which the alleged violation occurred.  
    Sec. 12.  Minnesota Statutes 1982, section 488A.10, 
subdivision 11, as amended by Laws 1983, chapter 177, section 
15, is amended to read: 
    Subd. 11.  [PROSECUTING ATTORNEYS.] Except as otherwise 
provided in this subdivision and section 388.051, subdivision 2, 
the attorney of the municipality in which the violation is 
alleged to have occurred has charge of the prosecution of all 
violations of the state laws, including violations which are 
gross misdemeanors, and municipal charter provisions, 
ordinances, rules and regulations triable in the municipal court 
and shall prepare complaints for the violations.  The county 
attorney has charge of the prosecution of a violation triable in 
municipal court and shall prepare a complaint for the violation: 
    (a) if he is specifically designated by law as the 
prosecutor for the particular violation charged; or 
    (b) if the alleged violation is of state law and is alleged 
to have occurred in a municipality or other subdivision of 
government whose population according to the most recent federal 
census is less than 2500 and whose governing body, or the town 
board in the case of a town, has accepted this paragraph by 
majority vote, and if the defendant is cited or arrested by a 
member of the staff of the sheriff of Hennepin county or by a 
member of the state patrol. 
    Paragraph (b) shall not apply to a municipality or other 
subdivision of government whose population according to the most 
recent federal decennial census is 2500 or more, regardless of 
whether or not it has previously accepted the paragraph. 
    Sec. 13.  Minnesota Statutes 1982, section 626.556, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PUBLIC POLICY.] The legislature hereby 
declares that the public policy of this state is to protect 
children whose health or welfare may be jeopardized through 
physical abuse, neglect or sexual abuse; to strengthen the 
family and make the home, school, and community safe for 
children through improvement of parental and guardian capacity 
for by promoting responsible child care in all settings; and to 
provide, when necessary, a safe temporary or permanent home 
environment for physically or sexually abused children. 
    In addition, it is the policy of this state to require the 
reporting of suspected neglect, physical or sexual abuse of 
children in the home, school, and community settings; to provide 
for the voluntary reporting of abuse or neglect of children; to 
require the investigation of such the reports; and to provide 
protective and counseling services in appropriate cases. 
    Sec. 14.  Minnesota Statutes 1982, section 626.556, 
subdivision 2, is amended to read: 
    Subd. 2.  [DEFINITIONS.] As used in this section, the 
following terms have the meanings given them unless the specific 
content indicates otherwise: 
    (a) "Sexual abuse" means the subjection by the child's 
parents, guardian, or a person responsible for the child's care, 
to any act which constitutes a violation of sections 609.342, 
609.343, 609.344, or 609.345, or sections 609.364 to 609.3644.  
Sexual abuse also includes any act which involves a minor which 
constitutes a violation of sections 609.321 to 609.324 or 
617.246.  
    (b) "Person responsible for the child's care" means a 
parent, guardian, teacher, school administrator, or other lawful 
custodian of a child having either full-time or short-term care 
responsibilities including, but not limited to, day care, baby 
sitting, counseling, teaching, and coaching.  
    (b) (c) "Neglect" means failure by a parent, guardian or 
other person responsible for a child's care to supply a child 
with necessary food, clothing, shelter or medical care when 
reasonably able to do so or failure to protect a child from 
conditions or actions which imminently and seriously endanger 
the child's physical or mental health when reasonably able to do 
so.  Nothing in this section shall be construed to (i) mean that 
a child is neglected solely because the child's parent, guardian 
or other person responsible for his care in good faith selects 
and depends upon spiritual means or prayer for treatment or care 
of disease or remedial care of the child, or (ii) impose upon 
persons, not otherwise legally responsible for providing a child 
with necessary food, clothing, shelter or medical care, a duty 
to provide that care. 
    (c) (d) "Physical abuse" means: 
    (i) Any physical injury inflicted by a parent, guardian or 
other person responsible for the child's care on a child other 
than by accidental means; or 
    (ii) Any physical injury that cannot reasonably be 
explained by the child's history of injuries provided by a 
parent, guardian or other person responsible for the child's 
care. 
    (d) (e) "Report" means any report received by the local 
welfare agency, police department or county sheriff pursuant to 
this section. 
    (e) (f) "Facility" means a day care facility or a, 
residential facility as defined in section 245.782, agency, 
hospital, sanitorium, or other facility or institution required 
to be licensed pursuant to sections 144.50 to 144.58, 241.021, 
or 245.781 to 245.812.  
    (f) (g) "Operator" means an operator or agency as defined 
in section 245.782.  
    (h) "Commissioner" means the commissioner of public welfare.
    Sec. 15.  Minnesota Statutes 1982, section 626.556, 
subdivision 4, is amended to read: 
    Subd. 4.  [IMMUNITY FROM LIABILITY.] Any person, including 
those voluntarily making reports and those required to make 
reports under subdivision 3, participating in good faith and 
exercising due care in the making of a report pursuant to this 
section shall have has immunity from any liability, civil or 
criminal, that otherwise might result by reason of his action. 
    Any public or private school, facility as defined in 
subdivision 2, or the employee of any public or private school 
or facility who permits access by a local welfare agency and 
assists in good faith in an investigation pursuant to 
subdivision 10 has immunity from any liability, civil or 
criminal, that otherwise might result by reason of that action.  
    This subdivision does not provide immunity to any person 
for failure to make a required report or for committing neglect, 
physical abuse, or sexual abuse of a child.  
    Sec. 16.  Minnesota Statutes 1982, section 626.556, 
subdivision 7, is amended to read: 
    Subd. 7.  [REPORT.] An oral report shall be made 
immediately by telephone or otherwise.  An oral report made by a 
person required under subdivision 3 to report shall be followed 
as soon as possible by a report in writing to the appropriate 
police department, the county sheriff or local welfare agency.  
Any report shall be of sufficient content to identify the child, 
the parent, guardian, or other any person believed to be 
responsible for his care the abuse or neglect of the child if 
the person is known, the nature and extent of the child's 
injuries abuse or neglect and the name and address of the 
reporter.  Written reports received by a police department or 
the county sheriff shall be forwarded immediately to the local 
welfare agency.  The police department or the county sheriff may 
keep copies of reports received by them.  Copies of written 
reports received by a local welfare department shall be 
forwarded immediately to the local police department or the 
county sheriff. 
    A written copy of a report maintained by personnel of 
agencies, other than welfare or law enforcement agencies, which 
are subject to chapter 13 shall be confidential.  An individual 
subject of the report may obtain access to the original report 
as provided by subdivision 11. 
    Sec. 17.  Minnesota Statutes 1982, section 626.556, 
subdivision 10, is amended to read: 
    Subd. 10.  [DUTIES OF LOCAL WELFARE AGENCY UPON RECEIPT OF 
A REPORT.] (a) If the report alleges neglect, physical abuse, or 
sexual abuse by a parent, guardian, or individual functioning 
within the family unit as a person responsible for the child's 
care, the local welfare agency shall immediately investigate and 
offer protective social services for purposes of preventing 
further abuses, safeguarding and enhancing the welfare of the 
abused or neglected minor, and preserving family life whenever 
possible.  When necessary the local welfare agency shall seek 
authority to remove the child from the custody of his parent, 
guardian or adult with whom he is living.  In performing any of 
these duties, the local welfare agency shall maintain 
appropriate records.  
    (b) Authority of the local welfare agency responsible for 
investigating the child abuse report includes, but is not 
limited to, authority to interview, without parental consent, 
the alleged victim and any other minors who currently reside 
with or who have resided with the alleged perpetrator.  The 
interview may take place at school or any facility or other 
place where the alleged victim or other minors might be found 
and may take place outside the presence of the perpetrator or 
parent, legal custodian, or guardian.  Except as provided in 
this clause, the parent, legal custodian, or guardian shall be 
notified, no later than the conclusion of the investigation, 
that this interview has occurred.  Notwithstanding rule 49.02 of 
the Minnesota Rules of Procedure for Juvenile Courts, the 
juvenile court may, after hearing on an ex parte motion by the 
local welfare agency, order that, where reasonable cause exists, 
notification of this interview be withheld from the parent, 
legal custodian, or guardian.  
    (c) When the local welfare agency determines that an 
interview should take place on school property, written 
notification must be received by school officials prior to the 
interview.  The notification shall include the name of the child 
to be interviewed, the purpose of the interview, and a reference 
to the statutory authority to conduct an interview on school 
property.  The notification shall be signed by the chairman of 
the county welfare board or his designee.  The time, place, and 
manner of the interview on school premises shall be within the 
discretion of school officials.  The conditions as to time, 
place, and manner of the interview set by the school officials 
shall be reasonable and the interview shall be conducted not 
more than 24 hours after the receipt of the notification unless 
another time is deemed necessary by agreement between the school 
officials and the local welfare agency.  School officials shall 
not disclose to the parent, legal custodian, guardian, or 
perpetrator that a request to interview the child has been made 
until after the abuse investigation has been concluded.  Every 
effort shall be made to reduce the disruption of the educational 
program of the child, other students, or school staff when an 
interview is conducted on school premises.  
    (d) Where the perpetrator or a person responsible for the 
care of the alleged victim or other minor prevents access to the 
victim or other minor by the local welfare agency, the juvenile 
court may order the parents, legal custodian, or guardian to 
produce the alleged victim or other minor for questioning by the 
local welfare agency outside the presence of the perpetrator or 
any person responsible for the child's care at reasonable places 
and times as specified by court order.  
    (e) Before making an order under paragraph (d), the court 
shall issue an order to show cause, either upon its own motion 
or upon a verified petition, specifying the basis for the 
requested interviews and fixing the time and place of the 
hearing.  The order to show cause shall be served personally and 
shall be heard in the same manner as provided in other cases in 
the juvenile court.  The court shall consider the need for 
appointment of a guardian ad litem to protect the best interests 
of the child.  If a guardian ad litem is appointed, he shall be 
present at the hearing on the order to show cause.  
    (f) The commissioner and the local welfare agencies 
responsible for investigating reports have the right to enter 
facilities as defined in subdivision 2 and to inspect and copy 
the facility's records as part of the investigation. 
Notwithstanding the provisions of chapter 13, they also have the 
right to inform the facility under investigation that they are 
conducting an investigation, to disclose to the facility the 
names of the individuals under investigation for abusing or 
neglecting a child, and to provide the facility with a copy of 
the report and the investigative findings.  
    Sec. 18.  Minnesota Statutes 1982, section 626.556, is 
amended by adding a subdivision to read: 
    Subd. 10a.  [ABUSE OUTSIDE THE FAMILY UNIT.] If the report 
alleges neglect, physical abuse, or sexual abuse by a person 
responsible for the child's care functioning outside the family 
unit in a setting other than a facility as defined in 
subdivision 2, the local welfare agency shall immediately notify 
the appropriate law enforcement agency and shall offer 
appropriate social services for the purpose of safeguarding and 
enhancing the welfare of the abused or neglected minor.  
    Sec. 19.  Minnesota Statutes 1982, section 626.556, is 
amended by adding a subdivision to read: 
    Subd. 10b.  [DUTIES OF COMMISSIONER; NEGLECT OR ABUSE IN A 
FACILITY.] If the report alleges that a child in the care of a 
facility as defined in subdivision 2 is neglected, physically 
abused, or sexually abused by an individual in that facility, 
the commissioner shall immediately investigate.  The 
commissioner shall arrange for the transmittal to him of reports 
received by local agencies and may delegate to a local welfare 
agency the duty to investigate reports.  In conducting an 
investigation under this section, the commissioner has the 
powers and duties specified for local welfare agencies under 
this section.  
    Sec. 20.  [EFFECTIVE DATE.] 
    Section 1 is effective upon final enactment.  Sections 9 to 
12 are effective January 1, 1984.  Sections 2 to 8 are effective 
August 1, 1983, and apply to violations committed on or after 
that date.  The remaining sections of this act are effective 
August 1, 1983. 
    Approved June 14, 1983

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