Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature
Office of the Revisor of Statutes

HF 4344

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/25/2024 04:22pm

KEY: stricken = removed, old language.
underscored = added, new language.
Version List Authors and Status
Pdf Rtf

Bill Text Versions

Engrossments
Introduction Posted on 02/27/2024

Current Version - as introduced

Line numbers 1.1 1.2 1.3 1.4 1.5 1.6
1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25
3.26 3.27 3.28 3.29 3.30 3.31 4.1 4.2 4.3 4.4 4.5 4.6 4.7
4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18
4.19 4.20 4.21 4.22 4.23 4.24 4.25
4.26 4.27 4.28 4.29 4.30
5.1 5.2

A bill for an act
 relating to veterans; modifying provisions related to state soldiers assistance
program education benefits; amending Minnesota Statutes 2022, sections 197.75,
subdivisions 1, 2, 3, 5; 197.791, subdivision 8; repealing Minnesota Statutes 2022,
section 197.752.

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

Section 1.

Minnesota Statutes 2022, 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 has died as a result of the person's military
servicenew text begin or who, at the time of the veteran's death, had a service-connected disability of 70
percent or greaternew text end , as determined by the United Statesnew text begin Department ofnew text end Veteransdeleted text begin
Administrationdeleted text end deleted text begin , and who was a resident of this state: (1) within six months of entering the
United States armed forces, or (2) for the six months preceding the veteran's date of deathdeleted text end new text begin
Affairs or the United States Department of Defensenew text end .

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

(1) is the natural or adopted child or stepchild ofnew text begin :
new text end

new text begin (i) a veteran who has a service-connected disability of 70 percent or greater as determined
by the United States Department of Veterans Affairs;
 new text end

new text begin (ii)new text end a deceased veteran; deleted text begin anddeleted text end new text begin or
new text end

new text begin (iii) a person who served as a prisoner of war or was declared a person missing in action,
given that the child was born or legally adopted or in the legal custody of the person before
or during the time that the veteran served as a prisoner of war or was declared a person
missing in action;
 new text end

(2) is a student making satisfactory academic progress at an eligible institution of higher
educationdeleted text begin .deleted text end new text begin ;
new text end

new text begin (3) is a Minnesota resident student, as defined in section 136A.101, subdivision 8; and
 new text end

new text begin (4) has applied for educational assistance under this section before the end of the academic
term for which assistance is being requested.
 new text end

(e) "Eligible institution" means a postsecondary educational institution located in this
state that either is operated by this state or the Board of Regents of the University of
Minnesota,new text begin a Tribal college,new text end or is licensed or registered with the Office of Higher Education.

(f) "Eligible spouse" means deleted text begin the surviving spouse of a deceased veteran.deleted text end new text begin a person who:
new text end

new text begin (1) is the spouse or surviving spouse of:
 new text end

new text begin (i) a veteran with a service-connected disability of 70 percent or greater as determined
by the United States Department of Veterans Affairs;
 new text end

new text begin (ii) a deceased veteran; or
 new text end

new text begin (iii) a person who served as a prisoner of war or was declared a person missing in action;
 new text end

new text begin (2) is a student making satisfactory academic progress at an eligible institution of higher
education;
 new text end

new text begin (3) is a Minnesota resident student, as defined in section 136A.101, subdivision 8; and
 new text end

new text begin (4) has applied for educational assistance under this section before the end of the academic
term for which the assistance is being requested.
 new text end

deleted text begin (g) "Eligible veteran" means a veteran who:
 deleted text end

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

deleted text begin (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;
 deleted text end

deleted text begin (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
 deleted text end

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

new text begin (g) For purposes of this section, "prisoner of war" means any person who, while serving
in the Unites States armed forces, has been declared to be a prisoner of war.
 new text end

new text begin (h) For purposes of this section, "person missing in action" means any person who, while
serving in the United States armed forces, has been declared to be a person missing in action,
as established by the Secretary of Defense after August 1, 1958.
 new text end

new text begin (i) Once a person qualifies as an eligible child under paragraph (d), there is no
circumstance, such as the return of the person missing in action or the reported death of the
veteran, that would serve as a basis for denying the eligible child assistance under this
section.
 new text end

new text begin (j) Once a spouse qualifies as an eligible spouse under paragraph (f), there is no
circumstance, such as the return of the person missing in action or the reported death of the
veteran, that would serve as a basis for denying the spouse assistance under this section.
 new text end

new text begin (k) "Public postsecondary educational institution" means an institution operated by this
state or the Board of Regents of the University of Minnesota.
 new text end

deleted text begin (h)deleted text end new text begin (l)new text end "Satisfactory academic progress" has the meaning given in section 136A.101,
subdivision 10.

deleted text begin (i)deleted text end new text begin (m)new text end "Student" has the meaning given in section 136A.101, subdivision 7.

new text begin (n) "Surviving spouse" means a person who was legally married, as recognized by the
state of Minnesota, to a veteran at the time of the veteran's death.
 new text end

new text begin (o) "Tuition and fees" means the actual tuition and fees charged by an institution.
 new text end

new text begin (p) "Tribal college" means a Tribally controlled college as defined in section 136A.1796,
subdivision 1, paragraph (c).
 new text end

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

Sec. 2.

Minnesota Statutes 2022, section 197.75, subdivision 2, is amended to read:


Subd. 2.

Benefits; eligibility.

(a) The commissioner of veterans affairs shall spend a
biennial appropriation to provide an educational assistance stipend of deleted text begin $750deleted text end new text begin $1,500new text end each
year for each eligible child and each eligible spousedeleted text begin , and a single payment of $750 for each
eligible veterandeleted text end . This stipend is not available for any person who has attained a bachelor's
or equivalent degree.

(b) Each eligible child and each eligible spouse shall be admitted to any Minnesota
public deleted text begin eligibledeleted text end new text begin postsecondary educationalnew text end institution free of tuitionnew text begin and feesnew text end until the deleted text begin persondeleted text end new text begin
eligible child or spousenew text end has attained a bachelor's or equivalent degree.

(c)new text begin Upon the commissioner's determination of an applicant's eligibility for the program,
the applicant must be awarded a financial stipend on a funds-available basis.new text end Payments of
benefits authorized under this section shall be made directly to the participating eligible
institutions or to eligible individuals, as determined by the commissioner.

Sec. 3.

Minnesota Statutes 2022, section 197.75, subdivision 3, is amended to read:


Subd. 3.

Proof of eligibility.

Approval for benefits under this section shall require
submission of the following evidence: application, proof of military service, and, where
applicable, proof of residency deleted text begin and a statement from the United States Veterans Administration
that the veteran has exhausted entitlement to federal educational benefits through use thereofdeleted text end new text begin ,
proof of service-connected disability,new text end ornew text begin proofnew text end that the veteran died deleted text begin of service connected
disabilitiesdeleted text end new text begin as a result of the veteran's military service, as determined by the United States
Department of Veterans Affairs or the United States Department of Defensenew text end . 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.

Sec. 4.

Minnesota Statutes 2022, section 197.75, subdivision 5, is amended to read:


Subd. 5.

Participation by eligible institutions.

(a) Each Minnesota public postsecondarynew text begin
educationalnew text end institution must continue to participate in the educational assistance program
authorized in this section during both peacetime and times of war.

(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.

Sec. 5.

Minnesota Statutes 2022, section 197.791, subdivision 8, is amended to read:


Subd. 8.

Appropriation.

The amount necessary to pay the benefit amounts innew text begin section
197.75 andnew text end subdivisions 5, deleted text begin 5a, and 5bdeleted text end new text begin 6, and 7,new text end is appropriated from the general fund to the
commissioner. During any fiscal year beginning on or after July 1, 2012, the amount paid
under this subdivision must not exceed $6,000,000.

Sec. 6. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 197.752, new text end new text begin is repealed.
 new text end

APPENDIX

Repealed Minnesota Statutes: 24-05292

197.752 EDUCATIONAL ASSISTANCE TO POW/MIA DEPENDENTS.

Any dependent of a prisoner of war or a person missing in action, upon being duly accepted for enrollment in any Minnesota public postsecondary institution, shall be allowed to attend the institution to obtain a bachelor's degree or certificate of completion, while eligible, free of tuition or charge. A dependent who enrolls as an undergraduate in any private Minnesota postsecondary institution shall be entitled to payment by the state of tuition and fees at a rate not to exceed $250 per year for so long as the dependent is eligible to attend the institution and is working toward a bachelor's degree or certificate of completion.

"Prisoner of war" and "persons missing in action" for purposes of this section mean any person who was a resident of the state at the time the person entered service of the United States armed forces, or whose official residence is within the state, and who, while serving in the United States armed forces has been declared to be a prisoner of war, or to be a person missing in action as established by the Secretary of Defense after August 1, 1958.

"Dependent" for purposes of this section means the spouse of a prisoner of war or person missing in action, or any child born before or during the period of time the child's parent served as a prisoner of war or was declared a person missing in action, or any child legally adopted or in the legal custody of the parent prior to and during the time the parent served as a prisoner of war or was declared to be a person missing in action. Once a person qualifies as a dependent under the terms and provisions of this section there shall be no situation such as the return of the spouse or parent or the reported death of the spouse or parent that will remove the dependent from provisions or benefits of this section.