1.1 	A bill for an act
1.2 	relating to the public welfare; creating a task force to study sober houses in 
1.3 	the state and prepare a report; clarifying application of law with respect to 
1.4 	sober houses; prohibiting the waiver of tenant rights and remedies; amending 
1.5 	Minnesota Statutes 2006, section 504B.001, subdivision 7; proposing coding for 
1.6 	new law in Minnesota Statutes, chapters 462; 504B.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. SOBER HOUSES.
 1.9 		Subdivision 1.Sober house defined. For purposes of this act, a "sober house" 
1.10 	means a cooperative living residence that:
1.11 	(1) provides temporary housing to persons with alcohol or other drug dependency 
1.12 	and abuse problems in exchange for compensation;
1.13 	(2) stipulates residents must abstain from using alcohol or drugs and meet other 
1.14 	requirements as a condition of living in the residence; and
1.15 	(3) does not provide counseling or treatment services to those residents, within the 
1.16 	meaning of Minnesota Statutes, chapter 148C or 254A.
1.17 		Subd. 2.Task force creation; membership. There is created a sober house task 
1.18 	force which is comprised of the following members:
1.19 	(1) the commissioner of human services or the commissioner's designee;
1.20 	(2) the commissioner of health or the commissioner's designee;
1.21 	(3) the director of the Housing Finance Agency or the director's designee;
1.22 	(4) the commissioner of public safety or the commissioner's designee;
1.23 	(5) the state building official or the official's designee;
1.24 	(6) a representative of local government; and
1.25 	(7) a representative of an entity actively engaged in the operation of a sober house.
2.1 	The members under clauses (6) and (7) must be appointed by the commissioner 
2.2 	of human services.
2.3 		Subd. 3.Study; report. The task force created in subdivision 2 is directed to 
2.4 	study the issue of sober houses in the state and determine whether state licensing or other 
2.5 	regulation of sober houses is appropriate. The task force shall submit a report of its 
2.6 	findings and recommendations to the legislature by January 1, 2008.

2.7 	Sec. 2. [462.175] SOBER HOUSES.
2.8 	Notwithstanding any law to the contrary, sober houses are subject to the requirements 
2.9 	of this chapter and any lawful zoning, subdivision, building code, density, occupancy, or 
2.10 	other real estate use law, ordinance, charter provision, or regulation adopted by the state 
2.11 	or a local unit of government in order to promote the public health, safety, and general 
2.12 	welfare. For purposes of this section, a "sober house" has the meaning given in section 1.

2.13 	Sec. 3. Minnesota Statutes 2006, section 504B.001, subdivision 7, is amended to read:
2.14 		Subd. 7.Landlord. "Landlord" means an owner of real property, a contract for deed 
2.15 	vendee, receiver, executor, trustee, lessee, agent, or other person directly or indirectly in 
2.16 	control of rental property. For purposes of this chapter, a "landlord" includes a sober 
2.17 	house, as defined in section 1.

2.18 	Sec. 4. [504B.392] WAIVER OF TENANT RIGHTS AND REMEDIES.
2.19 		Subdivision 1.Waiver prohibited. It shall be unlawful for any landlord to include 
2.20 	in a lease, a provision requiring the tenant to waive or modify any of the rights or remedies 
2.21 	provided by state law or local ordinance. Any attempted waiver or modification by a 
2.22 	landlord and tenant, by contract or otherwise, is contrary to public policy and shall be 
2.23 	void and unenforceable.
2.24 		Subd. 2.Attorney general authority. The attorney general has authority under 
2.25 	section 8.31 to investigate and prosecute violations of this section.