Minnesota Legislature
HF 279
1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
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A bill for an act
relating to veterans; education; clarifying and slightly extending eligibility for
educational benefits for certain surviving military spouses and children under the
War Survivors Act; amending Minnesota Statutes 2006, section 197.75.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2006, section 197.75, is amended to read:
197.75 EDUCATIONAL ASSISTANCE, WAR deleted text begin ORPHANSdeleted text end new text begin SURVIVORSnew text end AND
VETERANS.
Subdivision 1.
new text begin Definitions. new text end
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(a) The definitions in this subdivision apply to this
section.
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(b) "Commissioner" means the commissioner of veterans affairs.
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(c) "Deceased veteran" means a veteran who was a Minnesota resident within six
months of the time of the person's entry into the United States armed forces and who has
died as a result of that service, as determined by the United States Veterans Administration.
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(d) "Eligible child" means a person who:
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(1) is the natural or adopted son or daughter of a deceased veteran; and
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(2) is a student making satisfactory academic progress at an eligible institution
of higher education.
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(e) "Eligible institution" has the meaning given in section 136A.101, subdivision 4.
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(f) "Eligible spouse" means the surviving spouse of a deceased veteran.
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(g) "Eligible veteran" means a veteran who:
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(1) is a student making satisfactory academic progress at an eligible institution
of higher education;
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(2) had Minnesota as the person's state of residence at the time of the person's
enlistment or any reenlistment into the United States armed forces, as shown by the
person's federal form DD-214 or other official documentation to the satisfaction of the
commissioner;
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(3) except for benefits under this section, has no remaining military or veteran-related
educational assistance benefits for which the person may have been entitled; and
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(4) while using the educational assistance authorized in this section, remains a
resident student as defined in section 136A.101, subdivision 8.
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(h) "Satisfactory academic progress" has the meaning given in section 136A.101,
subdivision 10.
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(i) "Student" has the meaning given in section 136A.101, subdivision 7.
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(j) "Veteran" has the meaning given in section 197.447.
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new text begin Subd. 2. new text end
Benefits; eligibility.
new text begin (a) new text end The commissioner of veterans affairs shall spend a
biennial appropriation deleted text begin for tuition of veterans, and for tuition, fees, board, room, books, and
supplies of the children of veterans who have died as a result of their service in the armed
forces of the United States as determined by the United States Veterans Administration
or other instrumentality of the United States, in the University of Minnesota, a state
university, a community college, a technical college, or any other university of higher
learning within the state accredited by the North Central Association of Colleges and
Secondary Schools, a law college approved by the Supreme Court, a nursing school
approved by the state Board of Nursing, or in a trade, business, or vocational school in
the state approved by the state Department of Education, or in a theological seminary, for
any course which such veteran or child may elect. Not more than $750 shall be expended
for the benefit of any individual veteran, and not more than $750 in any fiscal year shall
be expended for the benefit of any child under this section. No child of any veteran
shall make application for the benefits provided in this section unless the child resided
in Minnesota for at least two years immediately prior to the date of the application.deleted text end new text begin to
provide an educational assistance stipend of $750 each year for each eligible child and
each eligible spouse, and a single payment of $750 for each eligible veteran. This stipend
is not available for any person who has attained a bachelor's or equivalent degree.
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deleted text begin Children of veterans eligible for benefits according to this sectiondeleted text end new text begin (b) Each eligible
child and each eligible spouse new text end shall be admitted to deleted text begin state institutions of university gradedeleted text end
new text begin any Minnesota public eligible institution new text end free of tuition until deleted text begin they receivedeleted text end new text begin the person has
attained new text end a deleted text begin bachelorsdeleted text end new text begin bachelor's new text end or equivalent degree.
new text begin (c)new text end Payments of benefits new text begin authorized under this section new text end shall be made directly to the
deleted text begin institution in which the course of instruction is givendeleted text end new text begin participating eligible institutions new text end or to
deleted text begin the individual on forms prescribeddeleted text end new text begin eligible individuals, as determined new text end by the commissioner.
deleted text begin Subd. 2. deleted text end
deleted text begin Limitations. deleted text end
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The benefits in subdivision 1 are not available to a veteran
who is entitled to the same or similar benefits under a law or regulation of the United
States, except that a veteran who has been eligible for and has used up the benefits the
veteran is entitled to under the laws of the United States is entitled to the benefits provided
for by subdivision 1.
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Subd. 3.
Proof of eligibility.
Approval for benefits under this section shall require
submission of the following evidence: application, proof of military service, new text begin and where
applicable, new text end proof of residency and deleted text begin where applicabledeleted text end , a statement from the United States
Veterans Administration that the veteran has exhausted entitlement to federal educational
benefits through use thereof or that the veteran died of service connected disabilities.
Upon submission of satisfactory proof of eligibility, benefits shall be provided from the
date of application and notification of approval shall be sent to the educational institution
and applicant.
Subd. 4.
Reimbursement form.
deleted text begin Reimbursement to such institution or eligible
individual authorized under subdivision 1 shall be on forms prescribed bydeleted text end The
commissionernew text begin shall establish policies and procedures for determining eligibility and
payment under this sectionnew text end .
Subd. 5.
deleted text begin Definition of veterandeleted text end new text begin Participation by eligible institutionsnew text end .
deleted text begin The word
"veteran" as used in this section shall have the same meaning as defined in section 197.447
except that it shall include service persons that died while on active duty.deleted text end new text begin (a) Each
Minnesota public postsecondary institution must continue to participate in the educational
assistance program authorized in this section during both peacetime and times of war.
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(b) Any participating eligible institution not described in paragraph (a) may suspend
or terminate its participation in the program at the end of any academic semester or other
academic term.
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deleted text begin Subd. 6. deleted text end
deleted text begin Residence required. deleted text end
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Veterans under this section shall have been a resident
of the state of Minnesota at the time of induction into the armed forces and six months
immediately preceding the induction.
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new text begin EFFECTIVE DATE. new text end
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This section is effective July 1, 2007, and applies to
applications for coursework taken on or after that date.
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