Minnesota Session Laws - 1992, Regular Session

  

                         Laws of Minnesota 1992 

                        CHAPTER 410-H.F.No. 2465 
           An act relating to veterans; clarifying the definition 
          of "veteran;" clarifying procedures for searches of 
          veterans' home residents' rooms or property; amending 
          Minnesota Statutes 1990, sections 197.447; and 198.33, 
          subdivision 1.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 197.447, is 
amended to read: 
    197.447 [VETERAN, DEFINED.] 
    The word "veteran" as used in Minnesota Statutes, except in 
sections 136C.13, 196.21, 197.971, and 243.251, means a citizen 
of the United States or a resident alien who has been separated 
under honorable conditions from any branch of the armed forces 
of the United States after having served on active duty for 181 
consecutive days or by reason of disability incurred while 
serving on active duty, or who has met the minimum active duty 
requirement as defined by Code of Federal Regulations, title 38, 
section 3.12a, or who has active military service certified 
under section 401, Public Law Number 95-202.  The active 
military service must be certified by the United States 
Secretary of Defense as active military service and a discharge 
under honorable conditions must be issued by the Secretary. 
    Sec. 2.  Minnesota Statutes 1990, section 198.33, 
subdivision 1, is amended to read: 
    Subdivision 1.  [SEARCHES PROHIBITED.] Residents of the 
Minnesota veterans 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 board, and is subject to the 
following:  
    (a) Prior to conducting a search of a resident's room or 
property, the administrator or the administrator's designee 
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 written 
authorization to conduct the search 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 homes may be grounds for dismissal. 
    Presented to the governor April 3, 1992 
    Signed by the governor April 7, 1992, 2:52 p.m.