HF 728

1st Committee Engrossment - 90th Legislature (2017 - 2018)

Posted on 02/24/2017 12:49 p.m.

1.1A bill for an act 1.2relating to veterans affairs; appropriating money for veterans support including 1.3support for domestic abuse prevention, mental health services, chemical abuse 1.4treatment, veterans homelessness prevention, compensation to honor guards, and 1.5veterans courts; providing a veterans nursing home tax credit;amending Minnesota 1.6Statutes 2016, section 197.05; proposing coding for new law in Minnesota Statutes, 1.7chapter 290. 1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.9    Section 1. Minnesota Statutes 2016, section 197.05, is amended to read: 1.10197.05 FUND, HOW EXPENDED. 1.11(a) The state soldiers' assistance fund shall be administered by the commissioner of 1.12veterans affairs and shall be used to locate and investigate the facts as to any Minnesota 1.13resident or resident alien residing in Minnesota who served in the military or naval forces 1.14of the United States and who is indigent or suffering from any disability whether acquired 1.15in the service or not; to assist the person and the person's dependents as hereinafter provided 1.16in establishing and proving any just claim the person may have against the United States 1.17government, or any other government or state for compensation, insurance, relief, or other 1.18benefits; to provide maintenance and relief for any person suffering from disability who 1.19was a bona fide resident of the state at the time the need arose and the person's dependents, 1.20as hereinafter provided; and to cooperate with other state, municipal, and county officials 1.21and civic or civilian agencies or organizations in carrying out the provisions of sections 1.22197.03 to 197.07. The commissioner shall limit financial assistance to veterans and 1.23dependents to six months, unless recipients have been certified as ineligible for other benefit 1.24programs. 2.1(b) For purposes of this section, "resident" means a person living in Minnesota for at 2.2least 30 days with the intention of residing in the state and not for any temporary purpose. 2.3An applicant may verify a residence address by presenting a valid state driver's license, a 2.4state identification card, a voter registration card, a rent receipt, a statement by the landlord, 2.5apartment manager, or homeowner verifying that the individual is residing at the address, 2.6or other form of verification approved by the commissioner. 2.7(c) new text begin Except as otherwise provided in this section, new text end the fund is appropriated to be used in 2.8the manner determined by the commissioner of veterans affairs for these purposes. 2.9 new text begin (d) The commissioner shall issue grants to veterans who are required to participate in new text end 2.10 new text begin substance abuse treatment or mental health counseling by a court of law. A veteran is not new text end 2.11 new text begin required to qualify under the schedule of maximum monthly allowances to be eligible to new text end 2.12 new text begin receive a grant under this paragraph. The commissioner shall issue grants under this paragraph new text end 2.13 new text begin on a case-by-case basis considering the totality of the veteran's financial circumstances. The new text end 2.14 new text begin commissioner shall presume a veteran who either qualified for appointment of a public new text end 2.15 new text begin defender under section 611.17, or is participating in veterans court, is financially qualified new text end 2.16 new text begin to receive a grant under this paragraph. new text end 2.17    Sec. 2. new text begin [290.0682] VETERANS NURSING HOME CREDIT. new text end 2.18     new text begin Subdivision 1. new text end new text begin Credit allowed. new text end new text begin (a) An eligible veteran or other individual who pays for new text end 2.19 new text begin the eligible veteran to live in a nursing home is allowed a credit against the tax due under new text end 2.20 new text begin this chapter. The credit equals 50 percent of the amount the individual paid for each qualified new text end 2.21 new text begin month in which the eligible veteran lived in a nursing home. The maximum credit is $30,000, new text end 2.22 new text begin except that the maximum credit is $60,000 for a married couple filing a joint return if both new text end 2.23 new text begin spouses are eligible veterans. new text end new text begin new text end 2.24 new text begin (b) For a part-year resident, the credit must be allocated based on the percentage new text end 2.25 new text begin calculated under section 290.06, subdivision 2c, paragraph (e). new text end 2.26     new text begin Subd. 2. new text end new text begin Definitions. new text end new text begin (a) For purposes of this section the following terms have the new text end 2.27 new text begin meanings given. new text end 2.28 new text begin (b) "Eligible veteran" means a Minnesota resident who: new text end 2.29 new text begin (1) meets the definition of "veteran" provided in section 197.447; new text end 2.30 new text begin (2) meets the eligibility requirements to reside in a Minnesota veterans home as provided new text end 2.31 new text begin in section 198.01; and new text end 3.1 new text begin (3) has applied for admission to one or more Minnesota veterans homes and is on an new text end 3.2 new text begin active waiting list. new text end 3.3 new text begin Eligible veteran does not include an individual who has been offered and declined placement new text end 3.4 new text begin in a Minnesota veterans home. new text end 3.5 new text begin (c) "Nursing home" has the meaning given in Minnesota Statutes, section 144A.01, new text end 3.6 new text begin subdivision 5. new text end 3.7 new text begin (d) "Qualified month" means a month in which the eligible veteran does not receive new text end 3.8 new text begin medical assistance under chapter 256B. new text end 3.9     new text begin Subd. 3. new text end new text begin Credit refundable. new text end new text begin If the amount of credit which the claimant is eligible to new text end 3.10 new text begin receive under this section exceeds the claimant's tax liability under this chapter, the new text end 3.11 new text begin commissioner shall refund the excess to the claimant. new text end new text begin new text end 3.12     new text begin Subd. 4. new text end new text begin Appropriation. new text end new text begin An amount sufficient to pay the refunds required by this section new text end 3.13 new text begin is appropriated from the general fund to the commissioner. new text end 3.14 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for taxable years beginning after December new text end 3.15 new text begin 31, 2016. new text end 3.16    Sec. 3. new text begin VETERANS AND GUARDSMEN ENTITLED TO STATE HEALTH new text end 3.17 new text begin INSURANCE; STUDY; REPORT. new text end 3.18 new text begin The commissioner of veterans affairs, the commissioner of military affairs, and the new text end 3.19 new text begin commissioner of human services shall jointly study and report on the feasibility of permitting new text end 3.20 new text begin veterans and resident members of the state's National Guard who meet the federal health new text end 3.21 new text begin care eligibility guidelines for veterans and guardsmen set by the United States Veterans new text end 3.22 new text begin Administration and the United States Department of Defense to receive coverage under the new text end 3.23 new text begin medical assistance and MinnesotaCare programs. The study shall provide separate cost new text end 3.24 new text begin estimates for providing coverage under medical assistance and MinnesotaCare, and shall new text end 3.25 new text begin provide recommendations for maximizing federal financial participation. By January 1, new text end 3.26 new text begin 2018, the commissioners shall provide a copy of the report to the chairs and ranking minority new text end 3.27 new text begin members of the legislative committees with jurisdiction over veterans affairs, military affairs, new text end 3.28 new text begin and human services. new text end 3.29    Sec. 4. new text begin HONOR GUARD; APPROPRIATION. new text end 3.30 new text begin $....... in fiscal year 2018 and $....... in fiscal year 2019 are appropriated to the new text end 3.31 new text begin commissioner of veterans affairs for compensation for honor guards at the funerals of new text end 3.32 new text begin veterans under Minnesota Statutes, section 197.231. new text end 4.1    Sec. 5. new text begin MINNESOTA ASSISTANCE COUNCIL FOR VETERANS; new text end 4.2 new text begin APPROPRIATION. new text end 4.3 new text begin $....... in fiscal year 2018 and $....... in fiscal year 2019 are appropriated to the new text end 4.4 new text begin commissioner of veterans affairs for a grant to the Minnesota Assistance Council for Veterans new text end 4.5 new text begin to provide assistance throughout Minnesota to veterans and their families who are homeless new text end 4.6 new text begin or in danger of homelessness. new text end 4.7    Sec. 6. new text begin VETERANS DOMESTIC ABUSE PREVENTION; CHANGE STEP new text end 4.8 new text begin PROGRAM; APPROPRIATION. new text end 4.9 new text begin $....... in fiscal year 2018 and $....... in fiscal year 2019 are appropriated from the general new text end 4.10 new text begin fund to the commissioner of public safety for a grant to the Domestic Abuse Project to offer new text end 4.11 new text begin the change step program to all veterans who self-refer or are ordered by a court of law to new text end 4.12 new text begin participate in a domestic abuse counseling and education program. new text end 4.13    Sec. 7. new text begin SOLDIERS' ASSISTANCE PROGRAM; APPROPRIATION. new text end 4.14 new text begin $....... in fiscal year 2018 and $....... in fiscal year 2019 are appropriated from the general new text end 4.15 new text begin fund to the state soldiers' assistance fund. The commissioner of veterans affairs must use new text end 4.16 new text begin this appropriation to fund grants to veterans as provided for in Minnesota Statutes, section new text end 4.17 new text begin 197.05, paragraph (d). new text end 4.18    Sec. 8. new text begin VETERANS COURTS; APPROPRIATION. new text end 4.19 new text begin $....... in fiscal year 2018 and $....... in fiscal year 2019 are appropriated from the general new text end 4.20 new text begin fund to the State Court Administrator for the purpose of developing and supporting veterans new text end 4.21 new text begin courts throughout the state. This appropriation is available until spent. new text end