| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to human services; modifying residential program licensing requirements; |
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| 3 | 3 | | 1.3 amending Minnesota Statutes 2024, sections 144G.45, subdivision 3; 245A.11, |
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| 4 | 4 | | 1.4 subdivision 2. |
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| 5 | 5 | | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 6 | 6 | | 1.6 Section 1. Minnesota Statutes 2024, section 144G.45, subdivision 3, is amended to read: |
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| 7 | 7 | | 1.7 Subd. 3.Local laws apply.(a) Assisted living facilities shall comply with all applicable |
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| 8 | 8 | | 1.8state and local governing laws, regulations, standards, ordinances, and codes for fire safety, |
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| 9 | 9 | | 1.9building, and zoning requirements, except a facility with a licensed resident capacity of six |
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| 10 | 10 | | 1.10or fewer is exempt from rental licensing regulations imposed by any town, municipality, |
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| 11 | 11 | | 1.11or county. A town, home rule charter or statutory city, or county must not impose rental |
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| 12 | 12 | | 1.12licensing regulations on a facility with a licensed resident capacity of six or fewer that are |
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| 13 | 13 | | 1.13more restrictive than those imposed on other residential facilities required to obtain a rental |
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| 14 | 14 | | 1.14license by the town, home rule charter or statutory city, or county. |
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| 15 | 15 | | 1.15 (b) This subdivision must not be construed to exclude or prohibit facilities with a licensed |
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| 16 | 16 | | 1.16resident capacity of six or fewer within the jurisdiction of a town, home rule charter or |
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| 17 | 17 | | 1.17statutory city, or county. |
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| 18 | 18 | | 1.18 Sec. 2. Minnesota Statutes 2024, section 245A.11, subdivision 2, is amended to read: |
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| 19 | 19 | | 1.19 Subd. 2.Permitted single-family residential use.(a) Residential programs with a |
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| 20 | 20 | | 1.20licensed capacity of six or fewer persons shall be considered a permitted single-family |
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| 21 | 21 | | 1.21residential use of property for the purposes of zoning and other land use regulations, except |
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| 22 | 22 | | 1.22that a residential program whose primary purpose is to treat juveniles who have violated |
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| 23 | 23 | | 1Sec. 2. |
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| 24 | 24 | | REVISOR DTT/AC 25-0231301/23/25 |
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| 25 | 25 | | State of Minnesota |
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| 26 | 26 | | This Document can be made available |
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| 27 | 27 | | in alternative formats upon request |
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| 28 | 28 | | HOUSE OF REPRESENTATIVES |
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| 29 | 29 | | H. F. No. 1477 |
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| 30 | 30 | | NINETY-FOURTH SESSION 2.1criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis |
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| 31 | 31 | | 2.2of conduct in violation of criminal statutes relating to sex offenses shall not be considered |
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| 32 | 32 | | 2.3a permitted use. This exception shall not apply to residential programs licensed before July |
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| 33 | 33 | | 2.41, 1995. Programs otherwise allowed under this subdivision shall not be prohibited by |
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| 34 | 34 | | 2.5operation of restrictive covenants or similar restrictions, regardless of when entered into, |
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| 35 | 35 | | 2.6which cannot be met because of the nature of the licensed program, including provisions |
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| 36 | 36 | | 2.7which require the home's occupants be related, and that the home must be occupied by the |
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| 37 | 37 | | 2.8owner, or similar provisions. A town, home rule charter or statutory city, or county must |
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| 38 | 38 | | 2.9not impose rental licensing regulations on a facility with a licensed resident capacity of six |
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| 39 | 39 | | 2.10or fewer that are more restrictive than those imposed on other residential facilities required |
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| 40 | 40 | | 2.11to obtain a rental license by the town, home rule charter or statutory city, or county. |
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| 41 | 41 | | 2.12 (b) A community residential setting as defined in section 245D.02, subdivision 4a, with |
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| 42 | 42 | | 2.13a licensed capacity of six or fewer persons that is actively serving residents for which it is |
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| 43 | 43 | | 2.14licensed is exempt from rental licensing regulations imposed by any town, municipality, or |
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| 44 | 44 | | 2.15county. This subdivision must not be construed to exclude or prohibit facilities with a |
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| 45 | 45 | | 2.16licensed resident capacity of six or fewer within the jurisdiction of a town, home rule charter |
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| 46 | 46 | | 2.17or statutory city, or county. |
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| 47 | 47 | | 2Sec. 2. |
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| 48 | 48 | | REVISOR DTT/AC 25-0231301/23/25 |
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