HF 2621

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 03/04/2010 11:18am

A bill for an act
relating to veterans; eliminating a residency requirement for purposes of
eligibility for higher educational benefits for the surviving spouse and children of
a deceased veteran who dies as a result of military service; amending Minnesota
Statutes 2008, section 197.75, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 197.75, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) The definitions in this subdivision apply to this
section.

(b) "Commissioner" means the commissioner of veterans affairs.

(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 new text begin or at any time
during the person's military service or at the time of death, new text end and who has died as a result of
that service, as determined by the United States deleted text begin Veterans Administration. deleted text end new text begin Department of
Veterans Affairs. Deceased veteran also includes a veteran who has died as a result of the
person's military service and whose surviving spouse or child was a Minnesota resident at
any time during the veteran's military service or at the time of the veteran's death. new text end

(d) "Eligible child" means a person who:

(1) is the natural new text begin , step new text end or adopted son or daughter of a deceased veteran; and

(2) is a student making satisfactory academic progress at an eligible institution
of higher education.

(e) "Eligible institution" means a postsecondary educational institution located in
this state that either (1) is operated by this state, or (2) is operated publicly or privately
and, as determined by the office, maintains academic standards substantially equivalent
to those of comparable institutions operated in this state.

(f) "Eligible spouse" means the surviving spouse of a deceased veteran.

(g) "Eligible veteran" means a veteran who:

(1) is a student making satisfactory academic progress at an eligible institution
of higher education;

(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;

(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

(4) while using the educational assistance authorized in this section, remains a
resident student as defined in section 136A.101, subdivision 8.

(h) "Satisfactory academic progress" has the meaning given in section 136A.101,
subdivision 10.

(i) "Student" has the meaning given in section 136A.101, subdivision 7.

(j) "Veteran" has the meaning given in section 197.447.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010, for educational benefits
provided to an eligible child or eligible spouse on or after that date.
new text end