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Minnesota Legislature

Office of the Revisor of Statutes

HF 728

1st Committee Engrossment - 90th Legislature (2017 - 2018) Posted on 02/24/2017 12:49pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/01/2017
Committee Engrossments
1st Committee Engrossment Posted on 02/24/2017

Current Version - 1st Committee Engrossment

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) Except as otherwise provided in this section, the fund is appropriated to be used in
2.8the manner determined by the commissioner of veterans affairs for these purposes.
2.9(d) The commissioner shall issue grants to veterans who are required to participate in
2.10substance abuse treatment or mental health counseling by a court of law. A veteran is not
2.11required to qualify under the schedule of maximum monthly allowances to be eligible to
2.12receive a grant under this paragraph. The commissioner shall issue grants under this paragraph
2.13on a case-by-case basis considering the totality of the veteran's financial circumstances. The
2.14commissioner shall presume a veteran who either qualified for appointment of a public
2.15defender under section 611.17, or is participating in veterans court, is financially qualified
2.16to receive a grant under this paragraph.

2.17    Sec. 2. [290.0682] VETERANS NURSING HOME CREDIT.
2.18    Subdivision 1. Credit allowed. (a) An eligible veteran or other individual who pays for
2.19the eligible veteran to live in a nursing home is allowed a credit against the tax due under
2.20this chapter. The credit equals 50 percent of the amount the individual paid for each qualified
2.21month in which the eligible veteran lived in a nursing home. The maximum credit is $30,000,
2.22except that the maximum credit is $60,000 for a married couple filing a joint return if both
2.23spouses are eligible veterans.
2.24(b) For a part-year resident, the credit must be allocated based on the percentage
2.25calculated under section 290.06, subdivision 2c, paragraph (e).
2.26    Subd. 2. Definitions. (a) For purposes of this section the following terms have the
2.27meanings given.
2.28(b) "Eligible veteran" means a Minnesota resident who:
2.29(1) meets the definition of "veteran" provided in section 197.447;
2.30(2) meets the eligibility requirements to reside in a Minnesota veterans home as provided
2.31in section 198.01; and
3.1(3) has applied for admission to one or more Minnesota veterans homes and is on an
3.2active waiting list.
3.3Eligible veteran does not include an individual who has been offered and declined placement
3.4in a Minnesota veterans home.
3.5(c) "Nursing home" has the meaning given in Minnesota Statutes, section 144A.01,
3.6subdivision 5.
3.7(d) "Qualified month" means a month in which the eligible veteran does not receive
3.8medical assistance under chapter 256B.
3.9    Subd. 3. Credit refundable. If the amount of credit which the claimant is eligible to
3.10receive under this section exceeds the claimant's tax liability under this chapter, the
3.11commissioner shall refund the excess to the claimant.
3.12    Subd. 4. Appropriation. An amount sufficient to pay the refunds required by this section
3.13is appropriated from the general fund to the commissioner.
3.14EFFECTIVE DATE.This section is effective for taxable years beginning after December
3.1531, 2016.

3.16    Sec. 3. VETERANS AND GUARDSMEN ENTITLED TO STATE HEALTH
3.17INSURANCE; STUDY; REPORT.
3.18The commissioner of veterans affairs, the commissioner of military affairs, and the
3.19commissioner of human services shall jointly study and report on the feasibility of permitting
3.20veterans and resident members of the state's National Guard who meet the federal health
3.21care eligibility guidelines for veterans and guardsmen set by the United States Veterans
3.22Administration and the United States Department of Defense to receive coverage under the
3.23medical assistance and MinnesotaCare programs. The study shall provide separate cost
3.24estimates for providing coverage under medical assistance and MinnesotaCare, and shall
3.25provide recommendations for maximizing federal financial participation. By January 1,
3.262018, the commissioners shall provide a copy of the report to the chairs and ranking minority
3.27members of the legislative committees with jurisdiction over veterans affairs, military affairs,
3.28and human services.

3.29    Sec. 4. HONOR GUARD; APPROPRIATION.
3.30$....... in fiscal year 2018 and $....... in fiscal year 2019 are appropriated to the
3.31commissioner of veterans affairs for compensation for honor guards at the funerals of
3.32veterans under Minnesota Statutes, section 197.231.

4.1    Sec. 5. MINNESOTA ASSISTANCE COUNCIL FOR VETERANS;
4.2APPROPRIATION.
4.3$....... in fiscal year 2018 and $....... in fiscal year 2019 are appropriated to the
4.4commissioner of veterans affairs for a grant to the Minnesota Assistance Council for Veterans
4.5to provide assistance throughout Minnesota to veterans and their families who are homeless
4.6or in danger of homelessness.

4.7    Sec. 6. VETERANS DOMESTIC ABUSE PREVENTION; CHANGE STEP
4.8PROGRAM; APPROPRIATION.
4.9$....... in fiscal year 2018 and $....... in fiscal year 2019 are appropriated from the general
4.10fund to the commissioner of public safety for a grant to the Domestic Abuse Project to offer
4.11the change step program to all veterans who self-refer or are ordered by a court of law to
4.12participate in a domestic abuse counseling and education program.

4.13    Sec. 7. SOLDIERS' ASSISTANCE PROGRAM; APPROPRIATION.
4.14$....... in fiscal year 2018 and $....... in fiscal year 2019 are appropriated from the general
4.15fund to the state soldiers' assistance fund. The commissioner of veterans affairs must use
4.16this appropriation to fund grants to veterans as provided for in Minnesota Statutes, section
4.17197.05, paragraph (d).

4.18    Sec. 8. VETERANS COURTS; APPROPRIATION.
4.19$....... in fiscal year 2018 and $....... in fiscal year 2019 are appropriated from the general
4.20fund to the State Court Administrator for the purpose of developing and supporting veterans
4.21courts throughout the state. This appropriation is available until spent.