HF 3554

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to veterans; making technical changes 
  1.3             regarding duties of the commissioner of veterans 
  1.4             affairs; extending the agent orange information and 
  1.5             assistance program to include other veterans and other 
  1.6             chemicals; repealing obsolete language; amending 
  1.7             Minnesota Statutes 1998, sections 196.05, subdivision 
  1.8             1; 196.052; 196.19; 196.20; 196.21, subdivisions 2, 3 
  1.9             and 4; 196.22; 196.23; 196.24, subdivisions 1 and 2; 
  1.10            196.26; 197.04; 197.05; 197.06; repealing Minnesota 
  1.11            Statutes 1998, sections 197.01; 197.02; and 197.49; 
  1.12            Minnesota Statutes 1999 Supplement, section 196.27. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 1998, section 196.05, 
  1.15  subdivision 1, is amended to read: 
  1.16     Subdivision 1.  [GENERAL DUTIES.] The commissioner shall: 
  1.17     (1) act as the agent of a resident of the state having a 
  1.18  claim against the United States for benefits arising out of or 
  1.19  by reason of service in the armed forces and prosecute the claim 
  1.20  without charge; 
  1.21     (2) act as custodian of veterans' bonus records; 
  1.22     (3) administer the laws relating to the providing of bronze 
  1.23  flag holders at veterans' graves for memorial purposes; 
  1.24     (4) administer the laws relating to recreational or rest 
  1.25  camps for veterans so far as applicable to state agencies; 
  1.26     (5) administer the state soldiers' assistance fund and 
  1.27  veterans' relief fund and other funds appropriated for the 
  1.28  payment of bonuses or other benefits to veterans or for the 
  1.29  rehabilitation of veterans; 
  2.1      (6) cooperate with national, state, county, municipal, and 
  2.2   private social agencies in securing to veterans and their 
  2.3   dependents the benefits provided by national, state, and county 
  2.4   laws, municipal ordinances, or public and private social 
  2.5   agencies; 
  2.6      (7) provide necessary assistance where other adequate aid 
  2.7   is not available to the dependent family of a veteran while the 
  2.8   veteran is hospitalized and after the veteran is released for as 
  2.9   long a period as is necessary as determined by the commissioner; 
  2.10     (8) act as the guardian, conservator, or representative 
  2.11  payee of the estate for a minor or an incompetent person 
  2.12  receiving money from the United States government when requested 
  2.13  to do so by an agency of the United States of America provided 
  2.14  sufficient personnel are available; 
  2.15     (9) cooperate with United States governmental agencies 
  2.16  providing compensation, pensions, insurance, or other benefits 
  2.17  provided by federal law, by supplementing the benefits 
  2.18  prescribed therein, when conditions in an individual case make 
  2.19  it necessary; 
  2.20     (10) assist in implementing state laws, rights, and 
  2.21  privileges relating to the reemployment of veterans upon their 
  2.22  separation from the armed forces; 
  2.23     (11) contact, at times as the commissioner deems proper, 
  2.24  war veterans, as defined in section 197.447, who are confined in 
  2.25  a public institution; investigate the treatment accorded those 
  2.26  veterans and report annually to the governor the results of the 
  2.27  investigations; and the heads of the public institutions shall 
  2.28  permit the commissioner, or the commissioner's representative, 
  2.29  to visit any veteran; and, if the commissioner, or the 
  2.30  commissioner's representative requests any information relative 
  2.31  to any veteran and the veteran's affairs, the head of the 
  2.32  institution shall furnish it; 
  2.33     (12) assist dependent family members of military personnel 
  2.34  who are called from reserve status to extended federal active 
  2.35  duty during a time of war or national emergency through the 
  2.36  state soldiers' assistance fund provided by section 197.03; and 
  3.1      (13) (11) exercise other powers as may be authorized and 
  3.2   necessary to carry out the provisions of this chapter and 
  3.3   chapters chapter 197 and 198, consistent with those 
  3.4   chapters that chapter. 
  3.5      Sec. 2.  Minnesota Statutes 1998, section 196.052, is 
  3.6   amended to read: 
  3.7      196.052 [GIFT ACCEPTANCE AND INVESTMENT.] 
  3.8      On the behalf of the state, the commissioner may accept any 
  3.9   gift, grant, bequest, or devise made for the purposes of this 
  3.10  chapter and chapters chapter 197 and 198.  The commissioner must 
  3.11  administer the funds as directed by the donor.  All funds must 
  3.12  be deposited in the state treasury and, except as provided for 
  3.13  in sections 198.16, 198.161, and 198.23, are credited to the 
  3.14  veterans affairs endowment, bequest, and devises fund.  The 
  3.15  balance of the fund is annually appropriated to the commissioner 
  3.16  of veterans affairs to accomplish the purposes of this chapter 
  3.17  and chapters chapter 197 and 198.  Funds received by the 
  3.18  commissioner under this section or 198.16, 198.161, and 198.23 
  3.19  in excess of current needs must be invested by the state board 
  3.20  of investment in accordance with section 11A.24.  Disbursements 
  3.21  from this fund must be in the manner provided for the issuance 
  3.22  of other state warrants.  The commissioner may refuse to accept 
  3.23  any gift, grant, bequest, or devise if acceptance would not be 
  3.24  in the best interest of the state or Minnesota's veterans.  
  3.25     Sec. 3.  Minnesota Statutes 1998, section 196.19, is 
  3.26  amended to read: 
  3.27     196.19 [AGENT ORANGE ENVIRONMENTAL HAZARDS INFORMATION AND 
  3.28  ASSISTANCE ACT; CITATION.] 
  3.29     Sections 196.19 to 196.26 may be cited as the "Agent Orange 
  3.30  Environmental Hazards Information and Assistance Act." 
  3.31     Sec. 4.  Minnesota Statutes 1998, section 196.20, is 
  3.32  amended to read: 
  3.33     196.20 [PURPOSE.] 
  3.34     A large number of Vietnam era veterans were exposed to 
  3.35  dioxin or other toxic substances found in certain defoliants, 
  3.36  herbicides, pesticides, and similar chemical substances while 
  4.1   serving in the armed forces of the United States.  While serving 
  4.2   in the armed forces of the United States, whether during time of 
  4.3   war or peace and whether domestically or abroad, a large number 
  4.4   of veterans from all eras were exposed to chemical agents that 
  4.5   may have been harmful to their physical, mental, or emotional 
  4.6   health.  Those chemical agents may have acted directly or 
  4.7   indirectly; they may have acted alone or in combination with 
  4.8   other chemical agents or compounds; and they may have been 
  4.9   harmful immediately or after a period of delay.  It is a 
  4.10  legitimate concern and responsibility of the state to provide 
  4.11  information, referral, and counseling services to those veterans 
  4.12  who may have suffered adverse health conditions as a result of 
  4.13  possible exposure to these chemical agents.  
  4.14     Sec. 5.  Minnesota Statutes 1998, section 196.21, 
  4.15  subdivision 2, is amended to read: 
  4.16     Subd. 2.  [VETERAN.] "Veteran" means a person who is a 
  4.17  resident of this state and who served in the armed forces of the 
  4.18  United States of America during the Vietnam era.  
  4.19     Sec. 6.  Minnesota Statutes 1998, section 196.21, 
  4.20  subdivision 3, is amended to read: 
  4.21     Subd. 3.  [CHEMICAL AGENTS.] "Chemical agents" means dioxin 
  4.22  or other toxic substances found in certain defoliants, 
  4.23  herbicides, pesticides, and similar chemical substances agent 
  4.24  orange and any other identified or unidentified chemical 
  4.25  substance or compounds suspected by medical experts of adversely 
  4.26  affecting the physical, mental, or emotional health of members 
  4.27  of the armed forces.  
  4.28     Sec. 7.  Minnesota Statutes 1998, section 196.21, 
  4.29  subdivision 4, is amended to read: 
  4.30     Subd. 4.  [AGENT ORANGE.] "Agent Orange" means a any 
  4.31  herbicide, defoliant, or pesticide containing dioxin and 
  4.32  composed primarily of trichlorophenoxyacetic acid and 
  4.33  dichlorophenoxyacetic acid.  
  4.34     Sec. 8.  Minnesota Statutes 1998, section 196.22, is 
  4.35  amended to read: 
  4.36     196.22 [POWERS AND DUTIES OF THE COMMISSIONER.] 
  5.1      Subdivision 1.  [AGENT ORANGE ENVIRONMENTAL HAZARDS 
  5.2   INFORMATION AND ASSISTANCE PROGRAM.] The commissioner shall 
  5.3   establish and maintain an Agent Orange an environmental hazards 
  5.4   information and assistance program.  The commissioner shall:  
  5.5      (1) provide information regarding epidemiological, genetic, 
  5.6   and other scientific studies proposed, underway, or completed 
  5.7   that pertain to adverse health conditions which may be 
  5.8   associated with exposure to chemical agents, including Agent 
  5.9   Orange; 
  5.10     (2) monitor and report on the activities and policies of 
  5.11  the United States government relating to the exposure of 
  5.12  veterans to chemical agents, including Agent Orange; and 
  5.13     (3) respond, within the commissioner's powers and duties 
  5.14  under this chapter and chapter 197, to other issues of concern 
  5.15  to veterans relating to exposure to chemical agents, including 
  5.16  Agent Orange.  
  5.17     Subd. 2.  [REFERRAL PROGRAMS.] The commissioner, in 
  5.18  cooperation with the United States Veterans Administration, 
  5.19  county veterans service officers, and veterans organizations 
  5.20  shall institute referral programs to:  
  5.21     (1) refer veterans to appropriate federal agencies or other 
  5.22  available resources for treatment of adverse health conditions 
  5.23  which may have resulted from possible exposure to chemical 
  5.24  agents, including Agent Orange; and 
  5.25     (2) refer veterans to state, county, or veterans 
  5.26  organizations advocacy services to assist them in filing 
  5.27  compensation claims for disabilities that may have resulted from 
  5.28  possible exposure to chemical agents, including Agent Orange. 
  5.29     Subd. 3.  [LIMITED STUDIES.] The commissioner may contract 
  5.30  for limited studies regarding the prevalence of adverse health 
  5.31  conditions in veterans which may be associated with possible 
  5.32  exposure to chemical agents, including Agent Orange.  Prior to 
  5.33  contracting for such studies, the commissioner shall consult 
  5.34  with the commissioner of health, the University of Minnesota 
  5.35  school of public health, and other appropriate scientific and 
  5.36  technical advisors pertaining to their design. 
  6.1      Subd. 5.  [COMMUNICATION OF VETERANS CONCERNS.] Within the 
  6.2   commissioner's powers and duties under chapters 196 and 197, the 
  6.3   commissioner shall take any action appropriate to represent to 
  6.4   appropriate officials and representatives of the United States 
  6.5   government the concerns of veterans related to exposure to 
  6.6   chemical agents, including Agent Orange, to appropriate 
  6.7   officials and representatives of the United States government. 
  6.8      Sec. 9.  Minnesota Statutes 1998, section 196.23, is 
  6.9   amended to read: 
  6.10     196.23 [AGENT ORANGE ENVIRONMENTAL HAZARDS INFORMATION AND 
  6.11  ASSISTANCE SECTION.] 
  6.12     Subdivision 1.  [ESTABLISHMENT OF SECTION.] The 
  6.13  commissioner shall establish an Agent Orange environmental 
  6.14  hazards information and assistance section in the department of 
  6.15  veterans affairs.  The section shall be headed by a director.  
  6.16  The commissioner shall provide the director with office space, 
  6.17  administrative services, and clerical support.  
  6.18     Subd. 2.  [POSITION OF DIRECTOR.] The director of the 
  6.19  environmental hazards information and assistance section shall 
  6.20  be appointed by the commissioner.  The director shall assist the 
  6.21  commissioner in carrying out the duties and responsibilities 
  6.22  required under sections 196.19 to 196.26.  The commissioner of 
  6.23  employee relations, in consultation with the commissioner, shall 
  6.24  establish minimum qualifications for the position of director.  
  6.25  In setting the minimum qualifications, the commissioner of 
  6.26  employee relations shall consider the scientific and technical 
  6.27  background necessary to perform the duties under sections 196.19 
  6.28  to 196.26. 
  6.29     Sec. 10.  Minnesota Statutes 1998, section 196.24, 
  6.30  subdivision 1, is amended to read: 
  6.31     Subdivision 1.  [INFORMATION TO HEALTH PROFESSIONALS.] The 
  6.32  commissioner of health shall provide medical information to 
  6.33  health professionals in this state regarding the detection, 
  6.34  diagnosis, and treatment of acute and chronic symptoms which may 
  6.35  be associated with exposure to chemical agents, including Agent 
  6.36  Orange.  
  7.1      Sec. 11.  Minnesota Statutes 1998, section 196.24, 
  7.2   subdivision 2, is amended to read: 
  7.3      Subd. 2.  [GENETIC INFORMATION AND COUNSELING.] The 
  7.4   commissioner of health, in cooperation with the health 
  7.5   facilities of the University of Minnesota, shall provide genetic 
  7.6   information and counseling to veterans who have concerns 
  7.7   regarding the possible genetic effects which may be associated 
  7.8   with exposure to chemical agents, including Agent Orange.  
  7.9      Sec. 12.  Minnesota Statutes 1998, section 196.26, is 
  7.10  amended to read: 
  7.11     196.26 [CLASS ACTION REPRESENTATION BY ATTORNEY GENERAL.] 
  7.12     The commissioner may request the attorney general to 
  7.13  represent a class of individuals composed of veterans who may 
  7.14  have suffered adverse health conditions as a result of possible 
  7.15  exposure to chemical agents, including Agent Orange, in a suit 
  7.16  for release of information relating to exposure to these 
  7.17  chemicals during military service and for release of individual 
  7.18  medical records.  
  7.19     Sec. 13.  Minnesota Statutes 1998, section 197.04, is 
  7.20  amended to read: 
  7.21     197.04 [COMPOSITION OF FUND.] 
  7.22     The state soldiers' assistance fund shall consist of all 
  7.23  sums paid to or received by the commissioner of veterans affairs 
  7.24  under the provisions of sections 197.01 197.03 to 197.07 and of 
  7.25  any and all moneys and properties that may be appropriated, 
  7.26  donated, given, bequeathed, or devised to the state soldiers' 
  7.27  assistance fund or to the commissioner of veterans affairs for 
  7.28  the benefit of the fund.  
  7.29     Sec. 14.  Minnesota Statutes 1998, section 197.05, is 
  7.30  amended to read: 
  7.31     197.05 [FUND, HOW EXPENDED.] 
  7.32     The state soldiers' assistance fund shall be administered 
  7.33  by the commissioner of veterans affairs and shall be used to 
  7.34  locate and investigate the facts as to any citizen of Minnesota 
  7.35  or resident alien residing in Minnesota who served in the 
  7.36  military or naval forces of the United States and who is 
  8.1   indigent or suffering from any disability whether acquired in 
  8.2   the service or not; to assist the person and the person's 
  8.3   dependents as hereinafter provided in establishing and proving 
  8.4   any just claim the person may have against the United States 
  8.5   government, or any other government or state for compensation, 
  8.6   insurance, relief, or other benefits; to provide emergency 
  8.7   hospitalization, treatment, maintenance, and relief for any 
  8.8   person suffering from disability who was a bona fide resident of 
  8.9   the state at the time the need arose and the person's 
  8.10  dependents, as hereinafter provided; and to cooperate with other 
  8.11  state, municipal, and county officials and civic or civilian 
  8.12  agencies or organizations in carrying out the provisions of 
  8.13  sections 197.01 197.03 to 197.07.  The commissioner shall limit 
  8.14  financial assistance to veterans and dependents to six months, 
  8.15  unless recipients have been certified as ineligible for other 
  8.16  benefit programs. 
  8.17     The fund is appropriated to be used in the manner 
  8.18  determined by the commissioner of veterans affairs for these 
  8.19  purposes. 
  8.20     Sec. 15.  Minnesota Statutes 1998, section 197.06, is 
  8.21  amended to read: 
  8.22     197.06 [SOLDIERS' WELFARE ASSISTANCE AGENT.] 
  8.23     The commissioner of veterans affairs shall have charge of 
  8.24  activities as provided in this section, and may employ 
  8.25  assistants and incur other expenses as may be necessary for the 
  8.26  administration of the state soldiers' assistance fund and 
  8.27  carrying out the provisions of sections 197.01 197.03 to 
  8.28  197.07.  No expense shall be incurred under the provisions of 
  8.29  sections 197.01 197.03 to 197.07 in excess of the moneys 
  8.30  available to the state soldiers' assistance fund.  
  8.31     The duties and powers of the commissioner of veterans 
  8.32  affairs, in addition to those provided elsewhere by law, shall 
  8.33  be to: 
  8.34     (1) Administer the state soldiers' assistance fund; 
  8.35     (2) Cooperate with national, state, county, municipal and 
  8.36  private social agencies in securing to former soldiers and their 
  9.1   dependents the benefits provided by national, state, and county 
  9.2   laws, municipal ordinances, or public and private social 
  9.3   agencies; 
  9.4      (3) Establish and provide assistance to a former soldier 
  9.5   soldiers and their dependents who is are in need of 
  9.6   hospitalization but unable to accept it because the acceptance 
  9.7   would imperil the soldier's current employment in order to 
  9.8   insure employment after hospitalization assistance with optical, 
  9.9   dental, or other emergency medical needs; and 
  9.10     (4) Provide necessary assistance where other adequate aid 
  9.11  is not available to the dependent family of a former soldier 
  9.12  while the soldier is being hospitalized and afterwards during 
  9.13  such period as is necessary; 
  9.14     (5) Cooperate with United States government agencies 
  9.15  providing compensation, pensions, insurance or other benefits 
  9.16  provided by federal law, by supplementing the benefits 
  9.17  prescribed by federal law, when exceptional conditions in an 
  9.18  individual case make it necessary; and 
  9.19     (6) Establish and provide employment, placement, and 
  9.20  advisement service for disabled veterans as cannot be furnished 
  9.21  by cooperation with other free public employment agencies. 
  9.22     Sec. 16.  [REPEALER.] 
  9.23     Minnesota Statutes 1998, sections 197.01; 197.02; and 
  9.24  197.49; and Minnesota Statutes 1999 Supplement, section 196.27, 
  9.25  are repealed.