HF 2934

as introduced - 87th Legislature (2011 - 2012) Posted on 03/19/2012 12:56pm

A bill for an act
relating to appropriations; appropriating money for state government and
veterans affairs; providing for fund transfers; providing for various fees and
accounts; clarifying the military burial honors provision; modifying the GI
bill program; amending Minnesota Statutes 2010, sections 138.668; 197.231;
197.608, subdivisions 4, 5, 6; 197.791, subdivisions 1, 3, 4, 5, 6; Minnesota
Statutes 2011 Supplement, section 197.608, subdivision 3; repealing Minnesota
Statutes 2010, section 197.608, subdivision 2a.

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

ARTICLE 1

STATE GOVERNMENT

Section 1.

Minnesota Statutes 2010, section 138.668, is amended to read:

138.668 ADMISSION FEES.

The Minnesota Historical Society may establish and collect reasonable fees for
admission to state-owned historic sites in the state historic site network in section 138.661 deleted text begin
for deposit in an account in the state treasury deleted text end . These fees shall be available to the society.

Sec. 2. new text begin FUND TRANSFER; DEPARTMENT OF ADMINISTRATION.
new text end

new text begin Subdivision 1. new text end

new text begin Transfer of funds; plant management fund. new text end

new text begin $80,000 in fiscal year
2012 is transferred from the plant management fund to the general fund. The amount
represents proceeds from the sale of assets and other revenues related to resource recovery
activities. This is a onetime transfer.
new text end

new text begin Subd. 2. new text end

new text begin Transfer of funds; special revenue fund. new text end

new text begin $6,512 in fiscal year 2012 is
transferred from the special revenue fund to the general fund. The amount represents
remaining funds in an account for a completed savings monitoring energy program. This
is a onetime transfer.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

ARTICLE 2

MILITARY AFFAIRS AND VETERANS AFFAIRS

Section 1. new text begin MILITARY AFFAIRS APPROPRIATIONS. new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this article. The appropriations are from the
general fund and are available for the fiscal years indicated for each purpose. The figures
"2012" and "2013" used in this article mean that the appropriations listed under them are
available for the fiscal year ending June 30, 2012, or June 30, 2013, respectively. "The
first year" is fiscal year 2012. "The second year" is fiscal year 2013. "The biennium" is
fiscal years 2012 and 2013.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2012 new text end		new text begin 2013 new text end

Sec. 2. new text begin VETERANS AFFAIRS new text end

new text begin new text end

new text begin new text end

new text begin new text end

new text begin new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 1,455,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Veterans Services new text end

new text begin -0- new text end

new text begin 1,455,000 new text end

new text begin $250,000 the second year is for a grant to the
Minnesota Assistance Council for Veterans.
new text end

new text begin $100,000 the second year is for the costs
of administering the on-the-job training
and apprenticeship program portion of the
Minnesota GI Bill program under Minnesota
Statutes, section 197.791.
new text end

new text begin $100,000 the second year is for compensation
for honor guards at the funerals of veterans
in accordance with the program under
Minnesota Statutes, section 197.231.
new text end

new text begin $1,005,000 the second year is for the
Veterans Service Office grant program under
Minnesota Statutes, section 197.608.
new text end

Sec. 3.

Minnesota Statutes 2010, section 197.231, is amended to read:

197.231 HONOR GUARDS.

The commissioner of veterans affairs shall pay, within available funds and upon
request by a local unit of a congressionally chartered veterans organization or its auxiliary,
up to $50 to the local unit for each time that local unit provides an honor guard detail at the
funeral of a deceased veteran new text begin that occurs in this state new text end . The commissioner may give priority
to local units that do not have charitable gambling operations. If the local unit provides a
student to play "Taps," the local unit may pay some or all of the $50 to the student.

Sec. 4.

Minnesota Statutes 2011 Supplement, section 197.608, subdivision 3, is
amended to read:

Subd. 3.

Eligibility.

(a) To be eligible for a grant under deleted text begin this program deleted text end new text begin subdivision 6 new text end ,
a county must employ a county veterans service officer as authorized by sections 197.60
and 197.606, who is certified to serve in this position by the commissioner.

(b) A county that employs a newly hired county veterans service officer who is
serving an initial probationary period and who has not been certified by the commissioner
is eligible to receive a grant under deleted text begin subdivision 2a deleted text end new text begin this section new text end .

deleted text begin (c) Except for the situation described in paragraph (b), a county whose county
veterans service officer does not receive certification during any year of the three-year
cycle is not eligible to receive a grant during the remainder of that cycle or the next
three-year cycle.
deleted text end

new text begin (c) Except for the situation described in paragraph (b), a county veterans service
officer who did not receive certification the previous year is not eligible to receive a grant.
new text end

Sec. 5.

Minnesota Statutes 2010, section 197.608, subdivision 4, is amended to read:

Subd. 4.

Grant process.

(a) The commissioner shall determine the process for
awarding grants. A grant may be used only for the purpose of enhancing the operations of
the County Veterans Service Office.

(b) The commissioner shall provide a list of qualifying uses for grant expenditures
as developed in subdivision 5 and shall approve a grant new text begin under subdivision 6 new text end only for a
qualifying use and if there are sufficient funds remaining in the grant program to cover the
full amount of the grant.

new text begin (c) The commissioner is authorized to use any unexpended funding for this program
to provide training and education for county veterans service officers.
new text end

Sec. 6.

Minnesota Statutes 2010, section 197.608, subdivision 5, is amended to read:

Subd. 5.

Qualifying uses.

The commissioner shall consult with the Minnesota
Association of County Veterans Service Officers in developing a list of qualifying uses for
grants awarded under deleted text begin this program deleted text end new text begin subdivision 6 new text end .

deleted text begin The commissioner is authorized to use any unexpended funding for this program to
provide training and education for county veterans service officers.
deleted text end

Sec. 7.

Minnesota Statutes 2010, section 197.608, subdivision 6, is amended to read:

Subd. 6.

Grant amount.

new text begin (a) Each county is eligible to receive an annual grant of
$8,000 for any of the following purposes:
new text end

new text begin (1) to provide outreach to the county's veterans;
new text end

new text begin (2) to assist in the reintegration of combat veterans into society;
new text end

new text begin (3) to collaborate with other social service agencies, educational institutions, and
other community organizations for the purposes of enhancing services offered to veterans;
new text end

new text begin (4) to reduce homelessness among veterans; or
new text end

new text begin (5) to improve office operations.
new text end

new text begin (b) In addition to the grant amount in paragraph (a), each county is eligible to receive
an additional annual grant under this paragraph. new text end The amount of each new text begin additional annual
new text end grant must be determined by the commissioner and may not exceed:

(1) deleted text begin $1,400 deleted text end new text begin $0 new text end , if the county's veteran population is less than 1,000;

(2) deleted text begin $2,800 deleted text end new text begin $2,500 new text end , if the county's veteran population is 1,000 or more but less than
3,000;

(3) deleted text begin $4,200 deleted text end new text begin $5,000 new text end , if the county's veteran population is 3,000 or more but less deleted text begin then
10,000 deleted text end new text begin than 4,999 new text end ; deleted text begin or
deleted text end

(4) deleted text begin $5,600 deleted text end new text begin $7,500 new text end , if the county's veteran population is deleted text begin 10,000 deleted text end new text begin 5,000 new text end or more deleted text begin . deleted text end new text begin but
less than 9,999;
new text end

new text begin (5) $10,000, if the county's veteran population is 10,000 or more but less than 19,999;
new text end

new text begin (6) $15,000, if the county's veteran population is 20,000 or more but less than
29,999; or
new text end

new text begin (7) $20,000, if the county's veteran population is 30,000 or more.
new text end

new text begin (c) The Minnesota Association of County Veteran Service Officers is eligible to
receive an annual grant of $50,000. The grant shall be used for administrative costs of
the association, certification of mandated county veteran service officer training and
accreditation, and costs associated with reintegration services.
new text end

The veteran population of each county shall be determined by the figure supplied by
the United States Department of Veterans Affairs, as adopted by the commissioner.

Sec. 8.

Minnesota Statutes 2010, section 197.791, 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, unless otherwise
specified.

(c) "Cost of attendance" for undergraduate students has the meaning given in section
136A.121, subdivision 6, multiplied by a factor of 1.2. Cost of attendance for graduate
students has the meaning given in section 136A.121, subdivision 6, multiplied by a factor
of 1.2, using the tuition and fee maximum established by law for four-year programs. For
purposes of calculating the cost of attendance for graduate students, full time is eight
credits or more per term or the equivalent.

(d) "Child" means a natural or adopted child of a person described in subdivision 4,
paragraph (a), clause (1), item (i) or (ii).

(e) "Eligible institution" means a postsecondary institution under section 136A.101,
subdivision 4, or a graduate school licensed or registered with the state of Minnesota
serving only graduate students.

(f) "Program" means the Minnesota GI Bill program established in this section,
unless otherwise specified.

(g) "Time of hostilities" means any action by the armed forces of the United States
that is recognized by the issuance of a presidential proclamation or a presidential executive
order in which the armed forces expeditionary medal or other campaign service medals
are awarded according to presidential executive order, and any additional period or place
that the commissioner determines and designates, after consultation with the United States
Department of Defense, to be a period or place where the United States is in a conflict that
places persons at such a risk that service in a foreign country during that period or in that
place should be considered to be included.

(h) "Veteran" has the meaning given in section 197.447. Veteran also includes
a service member who has received an honorable discharge deleted text begin after leaving each period of deleted text end new text begin
from new text end federal active duty service and has:

(1) served 90 days or more of federal active duty in a foreign country during a time
of hostilities in that country; or

deleted text begin (2) been awarded any of the following medals:
deleted text end

deleted text begin (i) Armed Forces Expeditionary Medal;
deleted text end

deleted text begin (ii) Kosovo Campaign Medal;
deleted text end

deleted text begin (iii) Afghanistan Campaign Medal;
deleted text end

deleted text begin (iv) Iraq Campaign Medal;
deleted text end

deleted text begin (v) Global War on Terrorism Expeditionary Medal; or
deleted text end

deleted text begin (vi) any other campaign medal authorized for service after September 11, 2001; or
deleted text end

deleted text begin (3) deleted text end new text begin (2) new text end received a service-related medical discharge from any period of service in a
foreign country during a time of hostilities in that country.

A service member who has fulfilled the requirements for being a veteran under this
paragraph but is still serving actively in the United States armed forces is also a veteran
for the purposes of this section.

new text begin (i) "On-the-job training program" means a program approved under United States
Code, title 38, chapter 36, section 3677.
new text end

new text begin (j) "Apprenticeship program" means an apprenticeship program approved by the
Division of Labor Standards and Apprenticeship in the Department of Labor and Industry
under chapter 178.
new text end

Sec. 9.

Minnesota Statutes 2010, section 197.791, subdivision 3, is amended to read:

Subd. 3.

Duties; responsibilities.

(a) The commissioner shall establish policies
and procedures including, but not limited to, procedures for student application record
keeping, information sharing, payment of educational assistance benefits, and other
procedures the commissioner considers appropriate and necessary for effective and
efficient administration of the program established in this section.

(b) The commissioner may delegate part or all of the administrative procedures
for the program to responsible representatives of participating eligible institutions. The
commissioner may execute an interagency agreement with the Minnesota Office of
Higher Education new text begin , the Department of Employment and Economic Development, or the
Department of Labor and Industry new text end for services the commissioner determines necessary to
administer the program.

Sec. 10.

Minnesota Statutes 2010, section 197.791, subdivision 4, is amended to read:

Subd. 4.

Eligibility.

(a) A person is eligible for educational assistance under this
section if:

(1) the person is:

(i) a veteran who is serving or has served honorably in any branch or unit of the
United States armed forces at any time deleted text begin on or after September 11, 2001 deleted text end ;

(ii) a nonveteran who has served honorably for a total of five years or more
cumulatively as a member of the Minnesota National Guard or any other active or reserve
component of the United States armed forces, and any part of that service occurred on or
after September 11, 2001;

(iii) the surviving spouse or child of a person who has served in the military deleted text begin at any
time on or after September 11, 2001, deleted text end and who has died as a direct result of that military
service new text begin , only if the surviving spouse or child is eligible to receive federal education
benefits under United States Code, title 38, chapter 33, as amended, or United States
Code, title 38, chapter 35, as amended new text end ; or

(iv) the spouse or child of a person who has served in the military at any time deleted text begin on or
after September 11, 2001, deleted text end and who has a total and permanent service-connected disability
as rated by the United States Veterans Administration new text begin , only if the spouse or child is
eligible to receive federal education benefits under United States Code, title 38, chapter
33, as amended, or United States Code, title 38, chapter 35, as amended new text end ; new text begin and
new text end

(2) the person receiving the educational assistance is a Minnesota resident, as defined
in section 136A.101, subdivision 8 deleted text begin ; deleted text end new text begin , new text end and new text begin meets the requirements under paragraph (b) or (c).
new text end

deleted text begin (3) deleted text end new text begin (b) new text end The person receiving the educational assistance:

deleted text begin (i) deleted text end new text begin (1) new text end is an undergraduate or graduate student at an eligible institution;

deleted text begin (ii) deleted text end new text begin (2) new text end is maintaining satisfactory academic progress as defined by the institution for
students participating in federal Title IV programs;

deleted text begin (iii) deleted text end new text begin (3) new text end is enrolled in an education program leading to a certificate, diploma, or
degree at an eligible institution;

deleted text begin (iv) deleted text end new text begin (4) new text end has applied for educational assistance under this section prior to the end of
the academic term for which the assistance is being requested;

deleted text begin (v) deleted text end new text begin (5) new text end is in compliance with child support payment requirements under section
136A.121, subdivision 2, clause (5); and

deleted text begin (vi) deleted text end new text begin (6) new text end has completed the Free Application for Federal Student Aid (FAFSA).

new text begin (c) The person receiving educational assistance is:
new text end

new text begin (1) participating in an on-the-job training program or in an apprenticeship program;
and
new text end

new text begin (2) maintaining satisfactory training progress as defined by the entity that is
conducting the on-the-job training program or apprenticeship program.
new text end

deleted text begin (b) deleted text end new text begin (d) new text end A person's eligibility terminates when the person becomes eligible for
benefits under section 135A.52.

deleted text begin (c) deleted text end new text begin (e) new text end To determine eligibility, the commissioner may require official documentation,
including the person's federal form DD-214 or other official military discharge papers;
correspondence from the United States Veterans Administration; birth certificate; marriage
certificate; proof of enrollment at an eligible institution; signed affidavits; proof of
residency; proof of identity; or any other official documentation the commissioner
considers necessary to determine eligibility.

deleted text begin (d) deleted text end new text begin (f) new text end The commissioner may deny eligibility or terminate benefits under this section
to any person who has not provided sufficient documentation to determine eligibility for
the program. An applicant may appeal the commissioner's eligibility determination or
termination of benefits in writing to the commissioner at any time. The commissioner
must rule on any application or appeal within 30 days of receipt of all documentation that
the commissioner requires. The decision of the commissioner regarding an appeal is final.
However, an applicant whose appeal of an eligibility determination has been rejected by
the commissioner may submit an additional appeal of that determination in writing to the
commissioner at any time that the applicant is able to provide substantively significant
additional information regarding the applicant's eligibility for the program. An approval
of an applicant's eligibility by the commissioner following an appeal by the applicant is
not retroactively effective for more than one year or the semester of the person's original
application, whichever is later.

deleted text begin (e) deleted text end new text begin (g) new text end Upon receiving an application with insufficient documentation to determine
eligibility, the commissioner must notify the applicant within 30 days of receipt of the
application that the application is being suspended pending receipt by the commissioner of
sufficient documentation from the applicant to determine eligibility.

Sec. 11.

Minnesota Statutes 2010, section 197.791, subdivision 5, is amended to read:

Subd. 5.

Benefit amount.

(a) On approval by the commissioner of eligibility for
the program, the applicant shall be awarded, on a funds-available basis, the educational
assistance under the program for use at any time new text begin for an on-the-job training program or an
apprenticeship program or new text end according to program rules at any eligible institution.

(b) The amount of educational assistance in any semester or term for an eligible
person new text begin to use at an eligible institution new text end must be determined by subtracting from the eligible
person's cost of attendance the amount the person received or was eligible to receive in
that semester or term from:

(1) the federal Pell Grant;

(2) the state grant program under section 136A.121; and

(3) any federal military or veterans educational benefits including but not limited
to the Montgomery GI Bill, GI Bill Kicker, the federal tuition assistance program,
vocational rehabilitation benefits, and any other federal benefits associated with the
person's status as a veteran, except veterans disability payments from the United States
Veterans Administration.

(c) The amount of educational assistance for any eligible person who is a full-time
student new text begin at an eligible institution new text end must not exceed the following:

(1) $1,000 per semester or term of enrollment;

(2) $3,000 per state fiscal year; and

(3) $10,000 in a lifetime.

For a part-time student new text begin at an eligible institution new text end , the amount of educational assistance must
not exceed $500 per semester or term of enrollment. For the purpose of this paragraph, a
part-time undergraduate student is a student taking fewer than 12 credits or the equivalent
for a semester or term of enrollment and a part-time graduate student is a student
considered part time by the eligible institution the graduate student is attending. The
minimum award for undergraduate and graduate students is $50 per term.

new text begin (d) The amount of educational assistance for any eligible person who is participating
in an on-the-job training program or an apprenticeship program must not exceed the
following:
new text end

new text begin (1) $1,500 per six months of training; or
new text end

new text begin (2) $6,000 in a lifetime.
new text end

new text begin (e) The amount of educational assistance awarded to an eligible person under this
subdivision must not exceed $10,000 in the person's lifetime.
new text end

Sec. 12.

Minnesota Statutes 2010, section 197.791, subdivision 6, is amended to read:

Subd. 6.

Appropriation.

The amount necessary to pay the benefit amounts in
subdivision 5 is appropriated from the general fund to the commissioner. During any fiscal
year beginning on or after July 1, deleted text begin 2013 deleted text end new text begin 2011 new text end , the amount paid under this subdivision must
not exceed $6,000,000.

Sec. 13. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, section 197.608, subdivision 2a, new text end new text begin is repealed.
new text end