Minnesota Legislature
HF 3763
as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
Bill Text Versions
| Engrossments | ||
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| Introduction | Posted on 03/04/2008 |
Current Version - as introduced
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A bill for an act
relating to veterans; transferring functions of the Veterans Homes Board of
Directors to commissioner of veterans affairs; amending Minnesota Statutes
2006, sections 196.021; 196.03; 198.32, subdivision 1; repealing Minnesota
Statutes 2006, sections 198.001, subdivisions 6, 9; 198.002, subdivisions 1, 3,
6; 198.003, subdivisions 5, 6; 198.004, subdivision 2; Minnesota Statutes 2007
Supplement, sections 198.002, subdivision 2; 198.004, subdivision 1; Minnesota
Rules, part 9050.0040, subpart 15.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2006, section 196.021, is amended to read:
196.021 DEPUTY COMMISSIONERS; DUTIES.
Subdivision 1.
Appointment.
The commissioner shall appoint a deputy
commissioner for veteran services deleted text begin as provided in subdivision 2,deleted text end and deleted text begin the board of directors
of the Minnesota Veterans Homes may appointdeleted text end a deputy commissioner for veteran health
care deleted text begin as provided in section 198.004deleted text end . Both deputy commissioners serve in the unclassified
service, deleted text begin the deputy for veteran servicesdeleted text end at the pleasure of the commissioner deleted text begin and the deputy
for veteran health care at the pleasure of the boarddeleted text end . Both deputies deleted text begin shalldeleted text end new text begin must new text end be residents
of Minnesota, citizens of the United States, and veterans as defined in section 197.447.
Subd. 2.
deleted text begin Deputy for veteran services;deleted text end Powers and duties.
The deputy
commissioner for veteran services deleted text begin hasdeleted text end new text begin and the deputy commissioner for veteran health
care have new text end those powers delegated by the commissioner deleted text begin that have not otherwise been
delegated to the deputy commissioner for veteran health care by the commissioner or
assigned to that deputy commissioner by lawdeleted text end . A delegation must be in writing, signed
by the commissioner, and filed with the secretary of state.
Sec. 2.
Minnesota Statutes 2006, section 196.03, is amended to read:
196.03 OFFICERS AND EMPLOYEES.
deleted text begin Except as provided in chapter 198,deleted text end All officers and employees of the department
shall be appointed by the commissioner and they shall perform such duties as may be
assigned to them by the commissioner.
Sec. 3.
Minnesota Statutes 2006, section 198.32, subdivision 1, is amended to read:
Subdivision 1.
Resident's rights.
A resident of a Minnesota veterans home has the
right to complain and otherwise exercise freedom of expression and assembly which is
guaranteed by amendment I of the United States Constitution. The administrator of the
home shall inform each resident in writing at the time of admission of the right to complain
to the administrator about home accommodations and services. A notice of the right to
complain shall be posted in the home. The administrator shall also inform each resident of
the right to complain to the deleted text begin board or to thedeleted text end commissioner of veterans affairs. Each resident
of a home shall be encouraged and assisted, throughout the period of stay in the home, to
understand and exercise the rights of freedom of expression and assembly as a resident
and as a citizen, and, to this end, the resident may voice grievances and recommend
changes in policies and services to home staff, other residents, and outside representatives
of the resident's choice, free from restraint, interference, coercion, discrimination, or
reprisal, including retaliatory eviction.
Sec. 4. new text begin RULES TRANSFER.
new text end
new text begin
Minnesota Rules, chapter 9050, is transferred from the Veterans Homes Board of
Directors to the commissioner of veterans affairs. The commissioner shall administer and
enforce those rules and may amend or repeal them.
new text end
Sec. 5. new text begin REVISOR'S INSTRUCTION.
new text end
new text begin
(a) The revisor shall change "board," "board of directors," or "Veterans Homes
Board of Directors" to "commissioner" wherever it is used in Minnesota Statutes, sections
198.003; 198.005; 198.006; 198.007; 198.022; 198.03; 198.05; 198.065; 198.066; 198.16;
198.23; 198.261; 198.265; 198.266; 198.31; 198.33; 198.34; 198.35; 198.36; and 198.37;
and shall change "board rules" to "rules adopted under this chapter" wherever it appears in
Minnesota Statutes, sections 198.007 and 198.022.
new text end
new text begin
(b) In Minnesota Rules, chapter 9050, the revisor shall:
new text end
new text begin
(1) change the terms "executive director," "executive director of the board,"
"executive director of the Veterans Homes Board," "Minnesota Veterans Homes Board,"
and "board" to "commissioner of veterans affairs" except where the term "board" is used
with a different meaning in part 9050.0040, subpart 16;
new text end
new text begin
(2) change the term "board-operated facility" to "facility operated by the
commissioner of veterans affairs" and change the term "non-board-operated facility" to
"facility not operated by the commissioner of veterans affairs";
new text end
new text begin
(3) change the term "board-approved" to "approved by the commissioner of veterans
affairs"; and
new text end
new text begin
(4) eliminate the term "board" where it is used in the third paragraph of part
9050.1070, subpart 9.
new text end
new text begin
(c) The revisor shall change any of the terms in paragraph (a) or (b) to "commissioner
of veterans affairs" if they are used to refer to the Veterans Homes Board of Directors or
its executive director anywhere else in Minnesota Statutes or Minnesota Rules.
new text end
Sec. 6. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2006, sections 198.001, subdivisions 6 and 9; 198.002,
subdivisions 1, 3, and 6; 198.003, subdivisions 5 and 6; and 198.004, subdivision 2,
new text end
new text begin
and
new text end
new text begin
Minnesota Statutes 2007 Supplement, sections 198.002, subdivision 2; and 198.004,
subdivision 1,
new text end
new text begin
are repealed.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Rules, part 9050.0040, subpart 15,
new text end
new text begin
is repealed.
new text end