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Subd. 5. Notwithstanding any law to the contrary, no license or provi- sional license shall be issued under Laws 1976, Chapter 243 without 30 days written notice from the commissioner to the affected municipality or other political subdivision. Subd. 6. No state funds shall be made available to or be expended by any state or local agency for facilities licensed under Laws 1976, Chapter 243 unless and until the provisions of subdivision 5 have been complied with in full. History: 1976 c 243 s 12; 1979 c 42 s 1; 1980 c 612 s 1 Minn. Laws, 1981, ch. 360 Subd. 7. Residential facilities for adult mentally ill persons established on or before July 1, 1980, are exempt from the requirements of this section until July 1, 1984. The commissioner shall develop a mechanism for ensuring full compliance with this section by residential facilities for adult mentally ill persons by July 1, 1984. 245.813 [Repealed, 1980 c 542 s 2] LAW PERTAINING TO LICENSING OF FACILITIES AND SERVICES FOR MENTALLY RETARDED CHILDREN AND ADULTS. 252.28 COMMISSIONER OF PUBLIC WELFARE; DUTIES Subdivison 1. The commissioner of public welfare may determine the need, location, and program of public and private residential and day care facilities and services for mentally retarded children and adults. Subd. 2. The commissioner of public welfare shall: (1) Establish uniform rules, regulations and program standards for each type of residential and day facility or services for more than four retarded persons, including state institutions under control of the commissioner and serving mentally retarded persons. (2) Grant licenses according to the provisions of Laws 1976, Chapter 243, Sections 2 to 13. Subd. 3. (1) No new license shall be granted pursuant to this section when the issuance of the license would substantially contribute to an excessive concentration of community residential facilities within any town, municipality or county of the state. (2) In determining whether a license shall be issued pursuant to this subdivision, the commissioner of public welfare shall specifically consider the population, size, land use plan, availability of community services.and the number and size of existing public and private community residential facilities in the town, municipality or county in which a licensee seeks to operate a residence. Under no circumstances may the commissioner newly license any facility pursuant to this section except as provided in section 245.812. The commissioner of public welfare shall establish uniform rules and regulations to implement the provisions of this subdivision. (3) Licenses for community facilities and services shall be issued pur- suant to section 245.821. History: 1971 c 229 s 1; 1975 c 60 s 1; 1976 c 149 s 50; 1976 c 243 s 14; 1980 c 612 a 2 CM-JPN 10-14-81 ma t