HF 2492

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to veterans; providing for issuance of certain hunting and fishing licenses
to eligible veterans without payment of fees; appropriating money; proposing
coding for new law in Minnesota Statutes, chapters 97A; 197.

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

Section 1.

new text begin [97A.467] VETERANS LIFETIME ELIGIBILITY.
new text end

new text begin (a) In accordance with section 197.791, the commissioner must issue without fee
annual hunting and fishing licenses to persons certified by the commissioner of veterans
affairs as being eligible veterans.
new text end

new text begin (b) An eligible veteran is not exempt from applicable laws and rules governing
hunting and fishing licenses other than the provisions relating to fees.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008, and applies to hunting
and fishing licenses issued on or after January 1, 2009.
new text end

Sec. 2.

new text begin [197.791] VETERANS OUTDOOR REINTEGRATION ACT.
new text end

new text begin Subdivision 1. new text end

new text begin Short title. new text end

new text begin This section may be cited as the "Veterans Outdoor
Reintegration Act of 2008."
new text end

new text begin Subd. 2. new text end

new text begin Purpose. new text end

new text begin The state of Minnesota recognizes the sacrifices of Minnesota
residents who, as members of the United States armed forces, have served honorably
for an extended period of time directly in harm's way in the global war on terror and
recognizes that those veterans need and deserve the restorative health and wellness
benefits that result from the ongoing enjoyment of Minnesota's natural resources.
new text end

new text begin Subd. 3. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this subdivision apply to this section.
new text end

new text begin (b) "Certificate of eligibility" means a certificate issued by the commissioner under
subdivision 4, paragraph (c).
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new text begin (c) "Combat service period" means the cumulative number of days that a person
has spent on the land area of the nations of Iraq and Afghanistan or in the air space above
those countries during the program eligibility period, while providing honorable service in
the United States armed forces.
new text end

new text begin (d) "Commissioner" means the commissioner of veterans affairs, unless otherwise
designated.
new text end

new text begin (e) "Eligible veteran" means a veteran who:
new text end

new text begin (1) was a Minnesota resident at the time of initial entry into the United States armed
forces as indicated by the person's military records;
new text end

new text begin (2) at any time during the program eligibility period, is serving or has served
honorably in active military service in the United States armed forces;
new text end

new text begin (3) is eligible for or has been awarded a qualifying military medal, as indicated by
the person's Department of Defense form DD-214 or other discharge paper or by a valid
written statement from the person's current or former commanding officer; and
new text end

new text begin (4) whose combat service period meets the criteria for the benefits specified in
subdivision 5.
new text end

new text begin (f) "Program eligibility period" means the period between September 11, 2001, and a
future date to be announced by the commissioner.
new text end

new text begin (g) "Qualifying military medal" means:
new text end

new text begin (1) the Iraq Campaign Medal;
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new text begin (2) the Afghanistan Campaign Medal; or
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new text begin (3) the Global War on Terror Expeditionary Medal for the same type of service as
would qualify for the military campaign medal in clause (1) or (2).
new text end

new text begin (h) "Veteran" has the meaning given in section 197.447.
new text end

new text begin Subd. 4. new text end

new text begin Determination of eligibility; certificate. new text end

new text begin (a) The commissioner shall
determine each applicant's eligibility for the benefits under this section by reference to any
of the following documents as determined by the commissioner: the person's Department
of Defense form DD-214 discharge papers, annual fitness reports, valid written statement
or statements from the person's current or former commanding officer or officers, and any
other information the commissioner may require to make a valid determination of the
person's eligibility.
new text end

new text begin (b) A veteran who has previously applied for a certificate of eligibility may reapply
if the veteran has acquired more qualifying military service or has collected more
information about prior military service.
new text end

new text begin (c) Upon determining an applicant's eligibility and qualifying benefit level, the
commissioner shall issue to each eligible veteran a certificate of eligibility, in the
approximate size of the official Minnesota driver's license, stating the person's name,
current address, eligibility status, qualifying benefit level, and any other information
considered necessary by the commissioner to adequately control against fraud.
new text end

new text begin (d) The commissioner shall electronically certify each applicant's eligibility and
qualifying benefit level to the commissioner of natural resources in a timely manner
on an ongoing basis.
new text end

new text begin (e) Data collected under this section is classified as private data on individuals in
accordance with section 13.02, subdivision 12.
new text end

new text begin Subd. 5. new text end

new text begin Qualifying benefit level. new text end

new text begin An eligible veteran qualifies for and is entitled to:
new text end

new text begin (1) one license annually, if the person's combat service period is at least 90 days,
or any amount of time if the person had been ordered to serve at least 90 days in Iraq
or Afghanistan and the person had been medically evacuated from the country prior to
completion of that service; or
new text end

new text begin (2) two licenses annually, if the person's combat service period is more than 395
days, or the person had been injured or wounded in action at any time during hostilities in
Iraq or Afghanistan, as indicated by the person's receipt of the Purple Heart Medal, and
had been medically evacuated from that country as a result of that wounding.
new text end

new text begin Subd. 6. new text end

new text begin License options; entitlement. new text end

new text begin (a) The license options, as authorized in
chapter 97A, from which an eligible veteran is entitled to choose include:
new text end

new text begin (1) an annual resident small game hunting license;
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new text begin (2) a resident firearms deer hunting license;
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new text begin (3) a resident archery deer hunting license; and
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new text begin (4) an annual resident angling license.
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new text begin (b) Notwithstanding any other provision of chapter 97A, upon proper application, a
person who has been certified by the commissioner as being an eligible veteran is entitled
to one or two of the licenses listed in paragraph (a), as determined in subdivision 5.
new text end

new text begin (c) Each year, an eligible veteran may request one or more of the license options
listed in paragraph (a), up to the person's qualifying benefit level, as determined in
subdivision 5. Within these limitations, there is no restriction regarding which license
option or options the eligible veteran may select in any given year. An eligible veteran
does not lose eligibility by declining in any year or in any number of years to select any
license options to which the person is entitled. An eligible veteran who declines to select
one or more license options in one year may not compensate in any subsequent year
by selecting more license options than the person is entitled to based on the person's
qualifying benefit level. An eligible veteran is not entitled to exchange any selected
license for any other license option during any year. An eligible veteran may not transfer
any license or eligibility to any other person at any time.
new text end

new text begin (d) A person the commissioner has determined to be an eligible veteran and to
whom the commissioner has issued a certificate of eligibility may apply for the benefits
under this section in a manner determined by the commissioner of natural resources under
the authority provided in section 97A.467. A separate application is required for each
license requested.
new text end

new text begin (e) The commissioner and the commissioner of natural resources shall notify
applicants that fraudulent application or violation of laws or rules regulating hunting and
fishing may result in withdrawal of the eligibility certificate.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008, and applies to hunting
and fishing licenses issued to eligible veterans on or after January 1, 2009.
new text end

Sec. 3. new text begin APPROPRIATION.
new text end

new text begin $....... is appropriated from the general fund for fiscal year 2009 and is available
until expended, as follows:
new text end

new text begin (1) $....... to the commissioner of natural resources for the cost of the licenses and
permits issued under section 1; and
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new text begin (2) $....... to the commissioner of veterans affairs for implementing the program in
section 2.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008.
new text end