SF 4807
2nd Engrossment - 94th Legislature (2025 - 2026)
Posted on 05/06/2026 08:37 a.m.
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A bill for an act
relating to state government; modifying benefits available to veterans of the Secret
War in Laos; directing the commissioner of veterans affairs to establish an eligibility
process; modifying eligibility for burial in state veterans cemeteries; requiring a
report; making technical changes; appropriating money; amending Minnesota
Statutes 2024, sections 171.07, subdivision 15; 197.231; Minnesota Statutes 2025
Supplement, sections 197.236, subdivisions 8, 9; 197.448, subdivisions 1, 2, by
adding subdivisions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 171.07, subdivision 15, is amended to read:
Subd. 15.
Veteran designation.
(a) At the request of an eligible applicant and on payment
of the required fee, the department must issue, renew, or reissue to the applicant a driver's
license or Minnesota identification card bearing a graphic or written designation of:
(1) Veteran; deleted text begin or
deleted text end
(2) Veteran 100% T&Pnew text begin ; or
new text end
new text begin (3) SGU Veterannew text end .
(b) At the time of the initial application for the designation provided under this
subdivision, the applicant must:
(1) be one of the following:
(i) a veteran, as defined in section 197.447; deleted text begin or
deleted text end
(ii) a retired or honorably discharged member of the National Guard or a reserve
component of the United States armed forces;new text begin or
new text end
new text begin
(iii) a veteran of the Secret War in Laos, as defined in section 197.448, subdivision 1,
paragraph (e);
new text end
(2) provide a certified copy of the applicant's discharge papers that confirms an honorable
or general discharge under honorable conditions status, deleted text begin ordeleted text end a military retiree identification
card,new text begin anew text end veteran identification card, deleted text begin ordeleted text end new text begin a new text end veteran health identification cardnew text begin , or an eligibility
certificate under section 197.448 if the applicant seeks the designation under paragraph (a),
clause (3)new text end ; and
(3) if the applicant is seeking the disability designation under paragraph (a), clause (2),
provide satisfactory evidence of a 100 percent total and permanent service-connected
disability as determined by the United States Department of Veterans Affairs.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective November 1, 2026.
new text end
Sec. 2.
Minnesota Statutes 2024, 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 anew text begin :
new text end
new text begin (1)new text end deceased veterannew text begin ;
new text end
new text begin
(2) veteran of the secret war in Laos, as defined in section 197.448, subdivision 1; or
new text end
new text begin (3) member of a reserve component of the armed forces, and any member of the Army
National Guard or the Air National Guard, as defined in section 197.236, subdivision 8,
paragraph (b), clause (3)new text end .
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. 3.
Minnesota Statutes 2025 Supplement, section 197.236, subdivision 8, is amended
to read:
Subd. 8.
Eligibility.
new text begin
(a) For purposes of this subdivision, the following terms have the
meanings given:
new text end
new text begin
(1) "minor child" means an unmarried child under 21 years of age or under 23 years of
age and pursuing a full-time course of instruction at an approved educational institution;
new text end
new text begin
(2) "unmarried adult child" means an unmarried child who became permanently physically
or mentally disabled and incapable of self support before 21 years of age or before 23 years
of age and pursuing a full-time course of instruction at an approved educational institution;
and
new text end
new text begin
(3) "willful misconduct" means an act involving conscious wrongdoing or known
prohibited action as described in United States Code, title 38, section 3.1, paragraph (n).
new text end
new text begin (b) new text end Cemeteries must be operated solely for the burial of new text begin the following persons:
new text end
new text begin (1) new text end service members who die on active duty, eligible veterans, and deleted text begin their spouses and
dependent children,deleted text end new text begin other personsnew text end as deleted text begin defineddeleted text end new text begin listednew text end in United States Code, title 38, section
2402, paragraph (a), subparagraphs 1 to deleted text begin 5deleted text end new text begin 4new text end and 7deleted text begin .deleted text end new text begin ;
new text end
new text begin
(2) veterans of the Secret War in Laos;
new text end
new text begin
(3) beginning January 1, 2027, members of a reserve component of the armed forces,
and any member of the Army National Guard or the Air National Guard when:
new text end
new text begin
(i) the member completed at least one full term of service and received an honorable
discharge; or
new text end
new text begin
(ii) the member's death occurs while in good standing with their assigned component
and was not due to their willful misconduct;
new text end
new text begin
(4) spouses, surviving spouses, minor children, or unmarried adult children of a person
listed in United States Code, title 38, section 2402, paragraph (a), subparagraphs 1 to 4 and
7; and
new text end
new text begin
(5) beginning January 1, 2027, spouses, surviving spouses, minor children, or unmarried
adult children of a person listed in clause (3).
new text end
new text begin
For purposes of this section, a surviving spouse includes a surviving spouse who had a
subsequent marriage.
new text end
new text begin
(c) An honorable discharge under this section does not include a general discharge under
honorable conditions.
new text end
new text begin
(d) Applicants with convictions under United States Code, title 18, section 704, are
ineligible for burial in state veterans cemeteries. By January 1, 2027, the commissioner
must establish a process to verify that applicants for burial have not been convicted of stolen
valor.
new text end
Sec. 4.
Minnesota Statutes 2025 Supplement, section 197.236, subdivision 9, is amended
to read:
Subd. 9.
Burial fees.
(a) The commissioner of veterans affairs shall establish a fee
schedule, which may be adjusted from time to time, for the interment of deleted text begin eligible spouses
and dependent childrendeleted text end new text begin qualified persons under subdivision 8, paragraph (b), clauses (2) to
(5)new text end . The fees shall cover as nearly as practicable the actual costs of intermentdeleted text begin , excluding
the value of the plotdeleted text end .
(b) Upon application, the commissioner may waive or reduce the burial fee for an indigent
eligible person. The commissioner shall maintain a policy, eligibility standards, and
application form for requests to waive or reduce the burial fee to indigent eligible applicants.
(c) No plot or interment fees may be charged for the burial of service members who die
on active duty or eligible veterans, as defined in United States Code, title 38, section 2402,
paragraph (a), subparagraphs 1 to 4 and 7.
Sec. 5.
Minnesota Statutes 2025 Supplement, section 197.448, subdivision 1, is amended
to read:
Subdivision 1.
Definition.
deleted text begin As used indeleted text end new text begin (a) For purposes ofnew text end this section, the deleted text begin termdeleted text end new text begin following
terms have the meanings given.
new text end
new text begin
(b) "Commissioner" has the meaning given in section 197.61, subdivision 2, paragraph
(c).
new text end
new text begin
(c) "Department" has the meaning given in section 197.61, subdivision 2, paragraph (e).
new text end
new text begin
(d) "VA" has the meaning given in section 197.61, subdivision 2, paragraph (g).
new text end
new text begin (e)new text end "Veteran of the Secret War in Laos" new text begin or "SGU veteran" new text end means a person who resides
in Minnesota and who:
(1) was naturalized as provided in section 2(1) of the federal Hmong Veterans'
Naturalization Act of 2000, Public Law 106-207; or
(2) is a person who the commissioner of veterans affairs determines served honorably
with a special guerrilla unit or with irregular forces that operated from a base in Laos in
support of the armed forces of the United States at any time during the period beginning
February 28, 1961, and ending May 14, 1975, and is a citizen of the United States or an
alien lawfully admitted for permanent residence in the United States.
Sec. 6.
Minnesota Statutes 2025 Supplement, section 197.448, subdivision 2, is amended
to read:
Subd. 2.
Eligibility for benefits and privileges.
(a) A veteran of the Secret War in Laos,
as defined in subdivision 1,new text begin paragraph (e),new text end clause (1), is entitled to the benefits and privileges
listed in paragraph (d) on July 2, 2025.
(b) A veteran of the Secret War in Laos, as defined in subdivision 1,new text begin paragraph (e),new text end
clause (2), is entitled to the benefits and privileges listed in paragraph (d) after the
commissioner of veterans affairs verifies the person's veteran status. deleted text begin The commissioner
must not begin accepting applications for verification under this paragraph until the legislature
enacts criteria and a protocol to determine:
deleted text end
deleted text begin
(1) which Minnesotans served in special guerilla units or with irregular forces in Laos;
and
deleted text end
deleted text begin
(2) which of the Minnesotans who served in special guerilla units or with irregular forces
in Laos are deserving of Minnesota veterans benefits.
deleted text end
(c) If the commissioner verifies a person's status as a veteran of the Secret War in Laos,
the commissioner must provide the person with a certificate of eligibility for the benefits
and privileges listed in paragraph (d) on a form developed by the commissioner for this
purpose. The commissioner must develop the form required under this paragraph no later
than September 15, 2025.
(d) The following statutory benefits and privileges available to a veteran, as defined in
section 197.447, are also available to a veteran of the Secret War in Laos: deleted text begin section 171.07,
subdivision 15 (veteran designation on drivers' licenses and state identification cards);deleted text end new text begin
section 43A.09 (civil service recruitment); section 43A.11 (veterans preference in state
employment); section 43A.111 (certain disabled veterans);new text end section 197.23 (purchase of
grave markers); section 197.231 (honor guards); section 197.236 (state veterans cemeteries);
section 197.455 (veterans preference); section 197.4551 (permissive preference for veterans
in private employment); new text begin section 197.46 (writ of mandamus); section 197.48 (application);
section 197.481 (enforcement by commissioner); and new text end section 197.63 (vital records, certified
copies)deleted text begin ; section 197.65 (renewal of professional licenses, motor vehicle registration, and
drivers' licenses); and section 197.987 (honor and remember flag)deleted text end .
Sec. 7.
Minnesota Statutes 2025 Supplement, section 197.448, is amended by adding a
subdivision to read:
new text begin Subd. 3. new text end
new text begin Eligibility determination. new text end
new text begin
(a) The commissioner must establish an application
process to determine a veteran's eligibility for the benefits in subdivision 2, paragraph (d).
new text end
new text begin
(b) To establish eligibility, an applicant must submit a completed application for preneed
determination of eligibility for burial in a VA national cemetery. County veteran service
officers and the commissioner must provide assistance to applicants filling out the application.
The commissioner must make copies of the application and any successor form available
on the department's website and at the department's offices.
new text end
new text begin
(c) After the VA makes a determination on the application, the applicant must submit
the determination to the commissioner. If the VA determines that an applicant is eligible to
receive benefits under subdivision 2, paragraph (d), the commissioner must issue a certificate
of eligibility to the applicant for the benefits and privileges under subdivision 2, paragraph
(d).
new text end
Sec. 8.
Minnesota Statutes 2025 Supplement, section 197.448, is amended by adding a
subdivision to read:
new text begin Subd. 4. new text end
new text begin Special consideration. new text end
new text begin
(a) If the VA determines that an applicant is not eligible,
the applicant may request special consideration from the commissioner. The commissioner
must establish a process to request special consideration consistent with the requirements
of this subdivision. The commissioner must make applicable forms to request special
consideration available on the department's website and at certain department offices.
new text end
new text begin
(b) An applicant seeking special consideration under this subdivision must submit the
following to the commissioner:
new text end
new text begin
(1) documentation from the VA regarding the determination of ineligibility; and
new text end
new text begin
(2) at least two different forms of documentation supporting the applicant's claim of
veteran status, which may include:
new text end
new text begin
(i) original service-related documents;
new text end
new text begin
(ii) an affidavit from a commissioned officer, noncommissioned officer, or other member
of the applicant's chain of command who has direct knowledge of the applicant's service;
new text end
new text begin
(iii) two affidavits from individuals who served with the applicant in a special guerrilla
unit or irregular force and who have personal knowledge of the applicant's service; or
new text end
new text begin
(iv) other appropriate and relevant proof of the applicant's service as determined by the
commissioner, including but not limited to:
new text end
new text begin
(A) photographs taken during the applicant's service in Laos;
new text end
new text begin
(B) newspaper articles featuring or citing the applicant's service in a special guerrilla
unit or irregular force;
new text end
new text begin
(C) certificates of membership from a veteran's organization such as the Lao-Hmong
American Coalition; Lao Veterans of America; SGU Veterans and Families of USA, Inc.;
and Royal Lao Armed Forces and SGU;
new text end
new text begin
(D) congressional recognition certificates;
new text end
new text begin
(E) certificates of training;
new text end
new text begin
(F) letters of commendation; or
new text end
new text begin
(G) an affidavit from a case officer or former case officer in the United States intelligence
services.
new text end
new text begin
(c) The commissioner must review an application for special consideration submitted
under this subdivision. The commissioner may request additional information from an
applicant to validate the contents of an application for special consideration. If the
commissioner determines that an applicant is eligible to receive benefits under subdivision
2, paragraph (d), the commissioner must issue a certificate of eligibility to the applicant for
the benefits and privileges under subdivision 2, paragraph (d).
new text end
new text begin
(d) If an application for special consideration is denied by the commissioner, an applicant
may request a contested case hearing to challenge the commissioner's denial by filing a
request with the commissioner within 60 days of the date of the denial notice. The request
must state specific reasons for contesting the denial. A contested case hearing on a timely
and properly filed request must be conducted according to the procedures in sections 14.57
to 14.62.
new text end
new text begin
(e) The deadline to submit an application for eligibility under this subdivision is December
31, 2030.
new text end
Sec. 9. new text begin APPROPRIATIONS.
new text end
new text begin
(a) $59,000 in fiscal year 2027 is appropriated from the general fund to the commissioner
of veterans affairs for the purposes of this act.
new text end
new text begin
(b) $141,000 in fiscal year 2027 is appropriated from the driver and vehicle services
operating account in the special revenue fund to the commissioner of public safety for the
purposes of this act. This is a onetime appropriation.
new text end