HF 869

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to military affairs; proposing an amendment
to the Minnesota Constitution by adding a section to
article XI; creating a military assistance trust fund;
authorizing rulemaking; appropriating money; proposing
coding for new law in Minnesota Statutes, chapter 190.

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

ARTICLE 1

CONSTITUTIONAL AMENDMENT

Section 1. new text begin CONSTITUTIONAL AMENDMENT.
new text end

new text begin An amendment to the Minnesota Constitution is proposed to
the people. If the amendment is adopted, a section will be
added to article XI to read:
new text end

new text begin Sec. 15. The military assistance trust fund is established
in the state treasury to provide assistance to residents who are
members of the military. The trust fund shall consist of those
funds designated to the trust fund by law. Whenever authorized
and on the terms fixed by law, the state may transfer money and
pledge the public credit to provide money for the purposes of
this section. Money deposited in the trust fund established
pursuant to this section is inviolate and constitutes a
permanent and perpetual trust fund. The interest earned from
investment of the corpus of the trust fund shall be annually
credited by the commissioner of finance not later than June 30
of each year into a separate account within the state treasury
and distributed as provided by law.
new text end

Sec. 2. new text begin SUBMISSION TO VOTERS.
new text end

new text begin The proposed amendment shall be submitted to the people at
the 2006 general election. The question submitted shall be:
new text end

new text begin "Shall the Minnesota Constitution be amended to establish a
military assistance trust fund to provide assistance to
residents who are members of the military, including pledging
public credit to provide money for the trust fund?
new text end

new text begin Yes .......
No ........"
new text end

ARTICLE 2

STATUTORY CHANGES

Section 1.

new text begin [190.20] USES OF TRUST FUND; APPROPRIATION;
RULEMAKING.
new text end

new text begin (a) Money deposited in the military assistance trust fund,
created under article XI, section 15, of the Minnesota
Constitution, must be transmitted to the State Board of
Investment for credit to the trust fund and invested by the
State Board of Investment so as to obtain the highest return
possible consistent with the preservation of the corpus.
new text end

new text begin (b) The investment income from the military assistance
trust fund is appropriated to the adjutant general to alleviate
financial hardships faced by:
new text end

new text begin (1) any member of the Minnesota National Guard or a reserve
unit that is based in Minnesota who has been called to active
duty or active state service;
new text end

new text begin (2) any Minnesota resident who is a member of a military
reserve unit that is not based in Minnesota, if the member is
called to active duty;
new text end

new text begin (3) any other Minnesota resident performing active duty
service for any branch of the military of the United States; and
new text end

new text begin (4) members of the immediate family of a person identified
in clauses (1) to (3). For purposes of this clause, "immediate
family" means the spouse and each child and, if they are
dependents of the member of the military, the parents,
grandparents, siblings, stepchildren, and adult children of the
member of the military.
new text end

new text begin (c) The interest income earned from the military assistance
trust fund must only be used as a last resort to assist eligible
military personnel and families dealing with financial hardship
resulting from the military member's active duty status and must
not be used to supplant any other private or public funds to the
extent funds are available.
new text end

new text begin (d) The adjutant general must adopt rules to establish
eligibility requirements for assistance under this section. In
developing rules, the adjutant general shall consult with
military support groups including, but not limited to, the
family assistance fund and family assistance centers.
new text end

Sec. 2.

new text begin [190.21] ANNUAL REPORT.
new text end

new text begin (a) By January 15 of each year, the adjutant general shall
provide a report to the governor and the senate and house
committees with jurisdiction over military affairs policy and
finance specifying:
new text end

new text begin (1) the total amount of interest income earned from the
military assistance trust fund during the preceding fiscal year;
new text end

new text begin (2) the total amount of assistance provided from the
interest income earned from the military assistance trust fund;
and
new text end

new text begin (3) the amount of assistance provided from the interest
income earned from the military assistance trust fund by branch
of service, regular or reserve duty classification, amounts of
individual assistance provided, the reasons that qualified a
member of the military or the member's family for assistance,
and the balance remaining within the interest income account for
future disbursements.
new text end

new text begin (b) The adjutant general may request assistance from the
State Board of Investment to prepare the annual report required
by this section.
new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin This article is effective November 15, 2006, if the
constitutional amendment proposed in article 1 is adopted by the
voters.
new text end