Minnesota Session Laws - 1988, Regular Session

  

                         Laws of Minnesota 1988 

                        CHAPTER 699-S.F.No. 1595 
           An act relating to state agencies; returning the 
          control of the Minnesota veterans home to the 
          department of veterans affairs; creating the veterans 
          home board of directors and providing for its powers 
          and duties; providing for the appointment of deputy 
          commissioners and providing for their powers and 
          duties; modifying the levy for county veteran's 
          service officer costs; appropriating money; amending 
          Minnesota Statutes 1986, sections 196.03; 196.05; 
          197.60, subdivision 4; 198.001; 198.01; 198.022; 
          198.03; 198.05; 198.065; 198.075; 198.16; 198.161; 
          198.23; 198.231; 198.261; 198.265; 198.266; 198.31; 
          198.32; 198.33; and 198.34; proposing coding for new 
          law in Minnesota Statutes, chapters 196 and 198; 
          repealing Minnesota Statutes 1986, sections 196.02, 
          subdivision 3; and 198.06. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [196.021] [DEPUTY COMMISSIONERS TO BE 
APPOINTED; DUTIES.] 
    Subdivision 1.  [APPOINTMENT.] The commissioner shall 
appoint a deputy commissioner for veteran services as provided 
in subdivision 2, and the board of directors of the Minnesota 
veterans homes may appoint a deputy commissioner for veteran 
health care as provided in section 8.  Both deputy commissioners 
serve in the unclassified service, the deputy for veteran 
services at the pleasure of the commissioner and the deputy for 
veteran health care at the pleasure of the board.  Both deputies 
shall be residents of Minnesota, citizens of the United States, 
and veterans as defined in section 197.447.  
    Subd. 2.  [DEPUTY FOR VETERAN SERVICES; POWERS AND DUTIES.] 
The deputy commissioner for veteran services has those powers 
delegated by the commissioner that have not otherwise been 
delegated to the deputy commissioner for veteran health care by 
the commissioner or assigned to that deputy commissioner by 
law.  A delegation must be in writing, signed by the 
commissioner, and filed with the secretary of state. 
    Sec. 2.  Minnesota Statutes 1986, section 196.03, is 
amended to read:  
    196.03 [OFFICERS AND EMPLOYEES.] 
    Except as provided in chapter 198, 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 1986, section 196.05, is 
amended to read:  
    196.05 [DUTIES OF COMMISSIONER.] 
    The commissioner shall: 
    (1) Act as the agent of a resident of the state having a 
claim against the United States for benefits arising out of or 
by reason of service in the armed forces and prosecute the claim 
without charge; 
    (2) Act as custodian of veterans' bonus records; 
    (3) Administer the laws relating to the providing of bronze 
flag holders at veterans' graves for memorial purposes; 
    (4) Administer the laws relating to recreational or rest 
camps for veterans so far as applicable to state agencies; 
    (5) Administer the state soldiers' welfare fund and 
veterans' relief fund and other funds appropriated for the 
payment of bonuses or other benefits to veterans or for the 
rehabilitation of veterans; 
    (6) Cooperate with national, state, county, municipal, and 
private social agencies in securing to veterans and their 
dependents the benefits provided by national, state, and county 
laws, municipal ordinances, or public and private social 
agencies; 
    (7) Provide necessary assistance where other adequate aid 
is not available to the dependent family of a veteran while the 
veteran is hospitalized and after the veteran is released for as 
long a period as is necessary as determined by the commissioner; 
    (8) Act as the guardian of the estate for a minor or an 
incompetent person receiving moneys from the United States 
government when requested to do so by an agency of the United 
States of America provided sufficient personnel are available; 
    (9) Cooperate with United States governmental agencies 
providing compensation, pensions, insurance, or other benefits 
provided by federal law, by supplementing the benefits 
prescribed therein, when conditions in an individual case make 
it necessary; 
    (10) Assist in implementing state laws, rights and 
privileges relating to the reemployment of veterans upon their 
separation from the armed forces; 
    (11) Contact, at times as the commissioner deems proper, 
war veterans, as defined in section 197.447, who are confined in 
a public institution; investigate the treatment accorded those 
veterans and report annually to the governor the results of the 
investigations; and the heads of the public institutions shall 
permit the commissioner, or the commissioner's representative, 
to visit any veteran; and, if the commissioner, or the 
commissioner's representative requests any information relative 
to any veteran and the veteran's affairs, the head of the 
institution shall furnish it; and 
    (12) Exercise other powers as may be authorized and 
necessary to carry out the provisions of this chapter and 
chapters 197 and 198, consistent with those chapters. 
    Sec. 4.  Minnesota Statutes 1986, section 197.60, 
subdivision 4, is amended to read:  
    Subd. 4.  In each county employing a veterans service 
officer, the county board may levy a tax annually sufficient to 
defray the estimated cost of all salaries and expenses 
necessarily incident to the performance by the veterans service 
officer of duties during the succeeding year, and to make up any 
deficiency in the fund raised for that purpose during the 
preceding year in any county which has a population of 150,000 
or less.  The tax so levied may be levied in excess of and over 
and above all taxing limitations, including, but not restricted 
to, limitations based upon population or mill rates. 
    Sec. 5.  Minnesota Statutes 1986, section 198.001, is 
amended to read:  
    198.001 [DEFINITIONS.] 
    Subdivision 1.  For the purposes of this chapter, the terms 
defined in this section have the meanings given them.  
    Subd. 2.  "Resident" means a person admitted to any of the 
Minnesota veterans home homes.  
    Subd. 4.  "Administrator" means the an administrator of any 
of the Minnesota veterans home homes.  
    Subd. 5.  "Commissioner" means the commissioner of veterans 
affairs.  
    Subd. 6.  "Board" means the board of directors of the 
Minnesota veterans homes, created by section 6.  
    Subd. 7.  "Deputy commissioner" means the deputy 
commissioner of veterans affairs for veteran health care.  
    Subd. 8.  "Home" means any of the Minnesota veterans homes. 
    Sec. 6.  [198.002] [BOARD OF DIRECTORS.] 
    Subdivision 1.  [CREATION.] The Minnesota veterans homes 
are governed by a board of directors appointed by the governor.  
    Subd. 2.  [MEMBERSHIP.] The board consists of nine voting 
members appointed by the governor with the advice and consent of 
the senate.  The members of the board shall fairly represent the 
geographic areas of the state.  The members are:  
    (1) a chair, designated by the governor;  
    (2) three public members experienced in policy formulation 
with professional experience in health care delivery; and 
    (3) five members experienced in policy formulation with 
professional experience in health care delivery who are members 
of congressionally chartered veterans organizations or their 
auxiliaries that have a statewide organizational structure and 
state level officers in Minnesota.  
    The commissioner of veterans affairs shall serve as an ex 
officio, nonvoting member of the board.  The chair of the senate 
veterans affairs committee and the chair of the house committee 
on general legislation, veterans affairs, and gaming serve as ex 
officio, nonvoting members of the board if they are veterans.  
In the event that one or both of the chairs are not veterans, 
then any member of the respective committees who is a veteran 
may be designated by the chair to serve on the board. 
    Subd. 3.  [TERMS; COMPENSATION.] Membership terms, 
compensation of members, removal of members, and filling of 
vacancies are as provided in section 15.0575. 
    Subd. 4.  [INITIAL APPOINTMENTS.] Initial appointments to 
the board of directors are not subject to section 15.0597.  
    Subd. 5.  [ADMINISTRATIVE SERVICES.] The commissioner of 
veterans affairs shall provide administrative services to the 
board necessary for it to carry out its responsibilities.  
    Subd. 6.  [FUTURE ELIMINATION.] If the governor fails to 
appoint a board, or if the board is eliminated by any other 
means, its authority vests in the commissioner of veterans 
affairs.  
    Sec. 7.  [198.003] [POWERS AND DUTIES.] 
    (a) It is the duty of the board and the board has the power 
to: 
    (1) determine policy and, subject to chapter 14, adopt, 
amend, and repeal rules for the governance of the homes;  
    (2) report quarterly to the governor on the management, 
operations, and quality of care provided at the homes; and 
    (3) take other action as provided by law.  
    (b) The board may appoint a deputy commissioner who shall 
serve as secretary of the board. 
    Sec. 8.  [198.004] [DEPUTY COMMISSIONER FOR VETERAN HEALTH 
CARE TO BE APPOINTED; DUTIES.] 
    Subdivision 1.  [APPOINTMENT.] The board may appoint a 
deputy commissioner of veterans affairs for veteran health care 
who shall have the training, experience, and other 
qualifications in the field of health care management as the 
board determines.  
    Subd. 2.  [POWERS AND DUTIES.] If a deputy commissioner is 
appointed by the board, the deputy commissioner is the 
administrative head of the veterans homes and has the powers and 
duties provided by law and delegated by the commissioner.  A 
delegation must be in writing, signed by the commissioner, and 
filed with the secretary of state.  If appointed, the deputy 
commissioner shall:  
    (1) act as an advisor to the board and shall also act as 
its secretary;  
    (2) attend the meetings of the board;  
    (3) prepare and recommend to the board policies and rules 
for governance of the homes;  
    (4) appoint an administrator of each home with the approval 
of the board;  
    (5) appoint other employees of the homes in accordance with 
chapter 43A, which appointment power must be delegated to 
administrators;  
    (6) define the duties of the administrators and employees, 
and delegate to the administrators those powers and duties 
determined by the deputy, subject to the control of the deputy;  
    (7) with the assistance of the administrators, prepare and 
submit biennial and annual budgets for the homes to the board 
and with the approval of the board submit the budgets to the 
commissioner of veterans affairs for review and comment.  The 
commissioner shall forward the budgets to the commissioner of 
finance as part of the department's budget;  
    (8) report to the board, at least quarterly, on the 
management, operations, and quality of care at the homes; and 
    (9) with the approval of the board, perform other duties as 
may be required for the management and administration of the 
homes.  
    Sec. 9.  [198.005] [ADMINISTRATORS.] 
    If a deputy commissioner of veteran health care is 
appointed by the board, the deputy commissioner shall, with the 
approval of the board, appoint an administrator for each of the 
veterans homes.  The administrators act as the administrative 
head for their respective veterans homes.  The administrators 
shall have a current Minnesota nursing home administrator's 
license and shall serve in the unclassified service.  The 
salaries of the administrators are not subject to section 
43A.17, subdivision 1.  The deputy commissioner may remove an 
administrator with the approval of the board.  If a deputy 
commissioner is not appointed by the board, the board shall 
appoint the administrators. 
    Sec. 10.  [198.006] [SUPPLEMENTAL PROGRAMS.] 
    The board of directors shall work with federal, state, 
local, and private agencies to develop alternative institutional 
and noninstitutional care programs for veterans to supplement 
the mission of the homes.  Veterans shall be afforded the least 
restrictive, most appropriate level of care available.  
    Sec. 11.  [198.007] [QUALITY ASSURANCE.] 
    The board shall use the case-mix system established under 
section 144.072 to assess the appropriateness and quality of 
care and services provided residents of the homes. 
    The board shall adopt a preadmission screening program, 
such as the one established under section 256B.091, for all 
applicants for admission to the homes who may require nursing or 
boarding care.  
    Sec. 12.  Minnesota Statutes 1986, section 198.01, is 
amended to read:  
    198.01 [VETERANS HOME; ELIGIBILITY OF VETERANS.] 
    The Minnesota veterans home homes shall provide a home 
nursing care and related health and social services for veterans 
and their spouses, surviving spouses, and parents, who meet 
eligibility and admission requirements, and who comply with the 
rules of the Minnesota veterans home homes.  Persons who served 
in the armed forces of the United States during a period of war, 
and who were discharged or released from the armed forces under 
conditions other than dishonorable, and who did not receive a 
bad conduct discharge, shall be eligible for admission to the 
Minnesota veterans home.  Persons who received bad conduct or 
dishonorable discharges from the armed forces of the United 
States as a result of drug dependency or abuse shall be eligible 
for admission to the Minnesota veterans home.  The word 
"veteran" as used in this section means any person who is a 
citizen of the United States or resident alien and has been 
separated under honorable conditions from any branch of the 
armed forces of the United States:  (a) after service on active 
duty for 181 consecutive days; or, (b) after service during a 
period of war; or, (c) by reason of disability incurred while 
serving on active duty has the meaning provided in section 
197.447.  A "period of war" is: 
    (1) The Spanish-American War, April 21, 1898, through July 
4, 1902. 
    (a) Includes Philippine Insurrection and Boxer Rebellion. 
    (b) Includes service in Moro Province, April 21, 1898, 
through July 15, 1903. 
    (2) World War I, April 6, 1917, through April 1, 1920. 
    (a) Includes service in Russia, April 16, 1917, through 
April 1, 1920. 
    (b) Includes service through July 2, 1921, if active duty 
performed during basic war period. 
    (3) World War II, December 7, 1941, through December 31, 
1946 and through July 25, 1947, if continuous duty began on or 
before December 31, 1946. 
    (4) The Korean Conflict, June 27, 1950, through January 31, 
1955. 
    (5) The Vietnam era, August 5, 1964, through July 27, 1973. 
    Sec. 13.  Minnesota Statutes 1986, section 198.022, is 
amended to read:  
    198.022 [ELIGIBILITY OF SPOUSES, SURVIVING SPOUSES, 
PARENTS.] 
    The commissioner board is hereby authorized to admit 
eligible spouses accompanying veterans, or to admit spouses, 
surviving spouses and parents of those veterans who are or if 
living would be, eligible for admission to the home homes.  
    (1) All applicants for admission to the Minnesota veterans 
home must be without adequate means of support and unable by 
reason of wounds, disease, old age, or infirmity to properly 
maintain themselves.  
    (2) Veterans must have served in a Minnesota regiment or 
have been credited to the state of Minnesota, or have been a 
resident of the state preceding the date of application for 
admission.  
    (3) Spouses, and surviving spouses, and parents of eligible 
veterans must be at least 55 years of age, and have been 
residents of the state of Minnesota preceding the date of 
application for admission.  
    (4) A surviving spouse, eligible for admission except that 
the veteran did not serve in a Minnesota regiment or was not a 
resident of Minnesota at the time of death may be eligible for 
admission provided the surviving spouse has resided in the state 
not less than 15 years next preceding the date of application 
for admission.  
    (5) A spouse, surviving spouse or parent of the veteran who 
has previously been a resident of Minnesota for not less than 
ten years and who lost residency in the state by moving 
therefrom for the benefit of health or the health of a spouse or 
child, and who has returned to the state for the purpose of 
making it home is eligible for admission to the veterans home 
provided the spouse is otherwise eligible.  
    (6) A spouse or surviving spouse of a veteran of the Civil 
War shall be eligible for admission if married to the veteran 
prior to the year 1905.  A spouse or surviving spouse of a 
veteran of the Spanish-American War, the Philippine 
Insurrection, or the Boxer Rebellion shall be eligible for 
admission if married to the veteran prior to December 31, 1937.  
    Sec. 14.  Minnesota Statutes 1986, section 198.03, is 
amended to read:  
    198.03 [MAINTENANCE CHARGES.] 
    Any person otherwise eligible for admission to the 
Minnesota veterans home homes, except that the person has means 
of support, may, at the discretion of the commissioner of 
veterans affairs board, be admitted to one of the Minnesota 
veterans home homes upon entering into and complying with the 
terms of a contract made by the person with the commissioner 
board, providing for reasonable compensation to be paid by such 
person to the state of Minnesota for care, support, and 
maintenance in the home.  Any earnings derived by the person 
from participating in a work therapy program while the person is 
a resident of the home may not be considered a means of support. 
    Sec. 15.  Minnesota Statutes 1986, section 198.05, is 
amended to read:  
    198.05 [NEW BUILDINGS.] 
    The department of administration shall have and exercise 
full authority in the erection and construction of new buildings 
at the veterans home homes.  When new buildings are to be 
erected and constructed by authority of the state or old 
buildings to be remodeled it shall be the duty of the department 
of administration to cause to be prepared plans and 
specifications for the same, but in so doing it shall consult 
with the commissioner board in respect to these plans and 
specifications and shall adopt and carry out, so far as it deems 
practicable, their requests and desires in the matter.  
    Sec. 16.  Minnesota Statutes 1986, section 198.065, is 
amended to read:  
    198.065 [CHIROPRACTIC CARE AVAILABILITY.] 
    In addition to the other services now provided to residents 
of the Minnesota veterans home homes, the commissioner board 
shall provide chiropractic services.  The services shall be 
provided, as appropriations permit, without charge to residents 
by a licensed chiropractor who is either employed by 
the commissioner board for the purpose or who has contracted 
with the commissioner board to provide the services. 
    Sec. 17.  [198.066] [GERIATRIC RESEARCH AND TEACHING.] 
    The board of directors shall develop a geriatric research 
and teaching mission for the homes in collaboration with the 
Veterans Administration and other medical education and allied 
health facilities. 
    Sec. 18.  Minnesota Statutes 1986, section 198.075, is 
amended to read:  
    198.075 [MINNESOTA VETERANS HOME EMPLOYEES; EXCLUDED FROM 
COMMISSARY PRIVILEGES.] 
    No commissary privileges including food, laundry service, 
janitorial service, and household supplies shall be furnished to 
any employee of the Minnesota veterans home homes. 
    Sec. 19.  Minnesota Statutes 1986, section 198.16, is 
amended to read:  
    198.16 [DONATIONS; GENERAL PURPOSES.] 
    The commissioner board is hereby authorized to accept on 
behalf of the state any gift, grant, bequest, or devise made for 
the purposes of this chapter, and administer the same as 
directed by the donor.  All proceeds therefrom including moneys 
derived from the sale of any real or personal property shall be 
deposited in the state treasury and credited to the Minnesota 
veterans home endowment, bequest, and devises fund.  Said fund 
shall consist of two accounts, one of which shall include any 
trusts prescribed by the donor, the other shall include any 
currently expendable proceeds.  Disbursements from this fund 
shall be made in the manner provided for the issuance of other 
state warrants. 
    Whenever the commissioner board shall deem it advisable, in 
accordance with law, to sell or otherwise dispose of any real or 
personal property thus acquired, the commissioner of 
administration upon the request of the commissioner of veterans 
affairs board shall sell or otherwise dispose of said property 
in the manner provided by law for the sale or disposition of 
other state property by the commissioner of administration.  
    Sec. 20.  Minnesota Statutes 1986, section 198.161, is 
amended to read:  
    198.161 [DONATIONS; PARTICULAR PURPOSES.] 
    The commissioner may accept donations and gifts of money 
for the benefit of the residents of the home homes.  All moneys 
so received shall be deposited in a separate account at for the 
home and records shall be kept, clearly showing the identity of 
the donor, the purpose of the donation and the ultimate 
disposition of the donation.  Each donation shall be duly 
receipted and shall be expended or used by the commissioner 
board as nearly in accordance with the condition of the gift or 
donation as is compatible with the best interests of the 
residents of the home homes.  The donations so received to the 
extent they are made to the state of Minnesota are hereby 
appropriated to the commissioner of veterans affairs board for 
the purposes of this chapter.  
    Sec. 21.  Minnesota Statutes 1986, section 198.23, is 
amended to read:  
    198.23 [PERSONAL PROPERTY OF RESIDENTS; WILLS.] 
    Upon the decease of any resident of the home homes, the 
commissioner board shall cause such of the resident's personal 
estate as may be left in the resident's possession to be 
disposed of pursuant to the resident's will, if any.  All 
property of the deceased resident of the home not so bequeathed 
by will, and remaining at the a home, unclaimed, for one year 
after the resident's death, shall be inventoried, appraised, and 
sold, and the proceeds thereof paid into the state treasury to 
the credit of the Minnesota veterans home homes endowment, 
bequest and devises fund.  
    Sec. 22.  Minnesota Statutes 1986, section 198.231, is 
amended to read:  
    198.231 [PERSONAL PROPERTY OF DISCHARGED RESIDENTS.] 
    Personal property of discharged residents of the veterans 
home homes that remains unclaimed for one year after discharge 
may be inventoried, appraised, and sold.  The proceeds from the 
sale must be deposited into the state treasury. Proceeds from 
the sale of personal property and any funds held on behalf of 
the resident in the member's depository accounts must be 
credited to a separate state account and disposed of in 
accordance with sections 345.41 to 345.43.  
    Sec. 23.  Minnesota Statutes 1986, section 198.261, is 
amended to read:  
    198.261 [CANTEEN AND COFFEE SHOP.] 
    Any profits derived from the operation of the canteen 
canteens and coffee shop shops at the Minnesota veterans home 
homes shall be used by the commissioner board only for the 
direct benefit of the residents of the home homes.  
    Sec. 24.  Minnesota Statutes 1986, section 198.265, is 
amended to read:  
    198.265 [DEPOSITORY ACCOUNTS.] 
    The commissioner board may accept moneys from residents for 
safe keeping purposes to be returned to such residents on demand.
Sufficient money shall be retained at the home homes to satisfy 
normal demand withdrawal requests of the residents and other 
anticipated needs.  Residents' deposits shall otherwise be 
deposited in the state treasury to a separate investment account 
provided by the commissioner of finance, which shall be invested 
by the state board of investment in accordance with section 
11A.21.  Residents' moneys on deposit in this account may be 
placed in this account only after the member has signed an 
agreement that the resident is willing to have the money in an 
account that does not draw interest directly to the resident 
personally.  
    There is annually appropriated from the account established 
by this section a sufficient amount to return to the Minnesota 
veterans home homes, upon written request, sufficient money to 
satisfy the demand of residents for the return of their money 
and other requirements.  
    The interest earned from the investment of the deposits is 
annually appropriated to the commissioner from the account 
established by this section to be used by the commissioner board 
only for the direct benefit of the residents of the home homes, 
and the interest shall be available to the home homes not less 
than twice each year.  
    Sec. 25.  Minnesota Statutes 1986, section 198.266, is 
amended to read:  
    198.266 [IMPREST CASH FUNDS.] 
    The commissioner board may establish an imprest cash fund 
in accordance with section 15.191, subdivision 2.  The purpose 
of the fund is to maintain sufficient money to satisfy normal 
demand withdrawal requests from residents of the veterans homes 
as provided for in section 198.265.  The fund may also be 
utilized for the payment of costs for residents to participate 
in on campus work therapy programs.  
    Sec. 26.  Minnesota Statutes 1986, section 198.31, is 
amended to read:  
    198.31 [VETERANS HOME, HASTINGS.] 
    Control of the state hospital facilities at Hastings is 
transferred to the commissioner of veterans affairs board.  This 
transfer includes the cemetery.  The commissioner board shall 
establish a 200 bed veterans home in these facilities.  The 
veterans home shall be licensed in accordance with the boarding 
care rules of the department of health.  To the extent 
practical, the veterans home at Hastings shall be operated in 
the same manner as provided for the Minnesota veterans home at 
Minneapolis by sections 198.001 to 198.265. 
    Sec. 27.  Minnesota Statutes 1986, section 198.32, is 
amended to read:  
    198.32 [VETERANS HOME; COMPLAINTS; RESIDENT'S RIGHTS.] 
    Subdivision 1.  [RESIDENT'S RIGHTS.] A resident of the 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 board or to the commissioner of veterans affairs.
Each resident of the 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.  A resident of the a home may not be denied any tenant 
rights available under chapter 566, including the right to 
recover possession of the premises.  
    Subd. 2.  [RETALIATION PROHIBITED.] The An administrator 
may not retaliate against any resident who exercises the right 
to voice grievances by evicting the resident.  There shall be a 
rebuttable presumption that any eviction within 45 days of the 
exercise by a resident of the right to voice grievances is 
retaliatory. 
    Sec. 28.  Minnesota Statutes 1986, section 198.33, is 
amended to read:  
    198.33 [PRIVACY OF RESIDENTS; SEARCH AND SEIZURE LIMITED TO 
CRIMINAL WARRANT.] 
    Subdivision 1.  [SEARCHES PROHIBITED.] Residents of the 
Minnesota veterans home homes have the right to a legitimate 
expectation of privacy in their persons and property against 
unreasonable searches and seizures.  A search of a resident's 
room or property may be conducted only when necessary to protect 
the residents from weapons, illegal drugs, or alcohol, if 
possession is prohibited by the commissioner board, and is 
subject to the following:  
    (a) Prior to conducting a search of a resident's room or 
property, the administrator shall provide written authorization 
to conduct the search.  This authorization must identify the 
resident whose room or property is to be searched, state the 
nature of the risk to the health or safety of that resident or 
to other individuals in the home, set forth the facts which 
establish that the risk exists and the source of those facts, 
and particularly describe the area to be searched and the 
property to be seized.  A separate authorization must be 
completed for each resident whose room or property is to be 
searched.  
    (b) The resident shall be informed of the reasons 
necessitating a search of the room or property and shall be 
present during the conduct of the search if the resident 
requests to be present.  A copy of the administrator's 
authorization must be given to the resident.  
    (c) If property or other items are taken, a written receipt 
describing the property or items taken must be given to the 
resident.  
    (d) The provisions of this section do not restrict the 
entry by employees of the home into a resident's room or into 
areas where the personal possessions of residents are stored for 
the purpose of providing care or services to the resident or for 
housekeeping and maintenance purposes.  The provisions of this 
section do not apply to inspections conducted by governmental 
agencies for the purpose of assessing compliance with state or 
federal laws and regulations.  
    (e) Unauthorized searches or seizures by employees of the 
Minnesota veterans home homes may be grounds for dismissal.  
    Subd. 2.  [WAIVER PROHIBITED.] The Minnesota veterans home 
homes may not require a resident to waive protection against 
unreasonable searches and seizures as a condition of eligibility 
for admission or continuing residence at the a home.  A search 
conducted under a waiver obtained in violation of this section 
is an unlawful search and seizure and the person aggrieved may 
move the district court for return of the property under section 
626.21. 
    Sec. 29.  Minnesota Statutes 1986, section 198.34, is 
amended to read:  
    198.34 [DEPOSIT OF RECEIPTS.] 
    Federal money received by the commissioner board for the 
care of veterans in a veterans home, after being credited to a 
federal receipt account, must be transferred to the special 
general revenue fund in the state treasury.  Money paid to 
the commissioner board by a veteran or by another person on 
behalf of a veteran for care in a veterans home must be 
deposited in the state treasury and credited to the special 
general revenue fund. 
    Sec. 30.  [TRANSFER.] 
    The duties of the commissioner of veterans affairs relating 
to the governance, management, and administration of the 
Minnesota veterans homes in Minneapolis and Hastings, 
transferred to the commissioner of human services by the 
commissioner of administration by reorganization order 149, are 
transferred to the board of directors of the Minnesota veterans 
homes created in section 6.  The transfer is governed by 
Minnesota Statutes, section 15.039.  
    Sec. 31.  [TRANSFER OF LICENSE; INSPECTION.] 
    Notwithstanding Minnesota Statutes, sections 144A.04, 
subdivision 4, and 144A.11, subdivision 2, the commissioner of 
health shall issue new licenses for the Minnesota veterans homes 
in Minneapolis and Hastings to the board of directors of the 
homes upon the application of the board.  
    Before the licenses are transferred, the commissioner of 
health will conduct an on-site review and audit of the veterans 
homes and will publicize the results. 
    The board shall invite officials of the Veterans 
Administration to also conduct an inspection.  
    Sec. 32.  [APPROPRIATION.] 
    $30,000 in fiscal year 1988 and $125,000 in fiscal year 
1989 is appropriated from the general fund to the board of the 
Minnesota veterans homes for the purposes of Minnesota Statutes, 
chapter 198.  
    Sec. 33.  [REPEALER.] 
    Minnesota Statutes 1986, sections 196.02, subdivision 3; 
and 198.06, are repealed.  
    Sec. 34.  [EFFECTIVE DATE.] 
    Sections 1 to 3, 5 to 28, and 30 to 33 are effective the 
day following final enactment.  Section 29 is effective July 1, 
1989. 
    Approved April 28, 1988