HF 2166

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to veterans; changing administration and 
  1.3             procedures for certain benefit programs; amending 
  1.4             Minnesota Statutes 2002, sections 197.03; 197.75, 
  1.5             subdivision 3; Minnesota Statutes 2003 Supplement, 
  1.6             sections 197.05; 197.75, subdivision 1; 197.78, 
  1.7             subdivision 1; proposing coding for new law in 
  1.8             Minnesota Statutes, chapter 197; repealing Minnesota 
  1.9             Statutes 2002, sections 124D.97; 197.23, subdivision 
  1.10            2; 197.236, subdivision 4; 197.59. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12                             ARTICLE 1
  1.13     Section 1.  Minnesota Statutes 2003 Supplement, section 
  1.14  197.78, subdivision 1, is amended to read: 
  1.15     Subdivision 1.  The commissioner of education veterans 
  1.16  affairs shall foster and support educational programs for the 
  1.17  benefit of veterans to assure that no Minnesotan shall be 
  1.18  deprived of earned veterans benefits by virtue of the 
  1.19  unavailability of programs for which the veteran is entitled to 
  1.20  enroll and receive subsistence, tuition, and other benefits 
  1.21  under federal programs.  It shall be the responsibility of the 
  1.22  commissioner to measure the demand for veterans service 
  1.23  educational programs based on the criteria mandated by federal 
  1.24  veterans benefits laws and to authorize, promote, and make 
  1.25  grants within appropriated amounts to assure such program 
  1.26  availability.  
  1.27     [EFFECTIVE DATE.] This section is effective July 1, 2004. 
  1.28     Sec. 2.  [197.781] [VETERANS TRAINING PROGRAM.] 
  2.1      The commissioner of veterans affairs shall administer the 
  2.2   veterans training program.  Money in the veterans training 
  2.3   revolving fund for the veterans training program is appropriated 
  2.4   to the commissioner to pay the necessary expenses of operating 
  2.5   the program.  The department must act as the state agency for 
  2.6   approving educational institutions for purposes of United States 
  2.7   Code, title 38, chapter 36, relating to educational benefits for 
  2.8   veterans and other persons and it may adopt rules to fulfill its 
  2.9   obligations as the state approving agency.  All federal money 
  2.10  received for purposes of the veterans training program must be 
  2.11  deposited in the veterans training revolving fund.  
  2.12     [EFFECTIVE DATE.] This section is effective July 1, 2004. 
  2.13     Sec. 3.  [REPEALER.] 
  2.14     Minnesota Statutes 2002, section 124D.97, is repealed. 
  2.15                             ARTICLE 2
  2.16     Section 1.  Minnesota Statutes 2002, section 197.03, is 
  2.17  amended to read: 
  2.18     197.03 [STATE SOLDIERS' ASSISTANCE FUND CREATED.] 
  2.19     There is created a state soldiers' assistance fund to aid 
  2.20  and assist any citizen of Minnesota or resident alien residing 
  2.21  in Minnesota who served in the military or naval forces of the 
  2.22  United States, in securing compensation, hospitalization, 
  2.23  medical treatment, insurance or other relief or benefits to 
  2.24  which the server may be entitled from the United States or any 
  2.25  other government or state and for the emergency relief, 
  2.26  hospitalization, treatment and maintenance of all such persons 
  2.27  who were bona fide residents of the state at the time their need 
  2.28  arose and their dependents as provided by sections 196.05 and 
  2.29  197.04 to 197.07. 
  2.30     [EFFECTIVE DATE.] This section is effective the day 
  2.31  following final enactment.  
  2.32     Sec. 2.  Minnesota Statutes 2003 Supplement, section 
  2.33  197.05, is amended to read: 
  2.34     197.05 [FUND, HOW EXPENDED.] 
  2.35     (a) The state soldiers' assistance fund shall be 
  2.36  administered by the commissioner of veterans affairs and shall 
  3.1   be used to locate and investigate the facts as to any Minnesota 
  3.2   resident or resident alien residing in Minnesota who served in 
  3.3   the military or naval forces of the United States and who is 
  3.4   indigent or suffering from any disability whether acquired in 
  3.5   the service or not; to assist the person and the person's 
  3.6   dependents as hereinafter provided in establishing and proving 
  3.7   any just claim the person may have against the United States 
  3.8   government, or any other government or state for compensation, 
  3.9   insurance, relief, or other benefits; to provide emergency 
  3.10  hospitalization, treatment, maintenance, and relief for any 
  3.11  person suffering from disability who was a bona fide resident of 
  3.12  the state at the time the need arose and the person's 
  3.13  dependents, as hereinafter provided; and to cooperate with other 
  3.14  state, municipal, and county officials and civic or civilian 
  3.15  agencies or organizations in carrying out the provisions of 
  3.16  sections 197.03 to 197.07.  The commissioner shall limit 
  3.17  financial assistance to veterans and dependents to six months, 
  3.18  unless recipients have been certified as ineligible for other 
  3.19  benefit programs. 
  3.20     (b) For purposes of this section, "resident" means a person 
  3.21  living in Minnesota for at least 30 days with the intention of 
  3.22  residing in the state and not for any temporary purpose.  An 
  3.23  applicant may verify a residence address by presenting a valid 
  3.24  state driver's license, a state identification card, a voter 
  3.25  registration card, a rent receipt, a statement by the landlord, 
  3.26  apartment manager, or homeowner verifying that the individual is 
  3.27  residing at the address, or other form of verification approved 
  3.28  by the commissioner. 
  3.29     (c) The fund is appropriated to be used in the manner 
  3.30  determined by the commissioner of veterans affairs for these 
  3.31  purposes. 
  3.32     [EFFECTIVE DATE.] This section is effective the day 
  3.33  following final enactment.  
  3.34     Sec. 3.  Minnesota Statutes 2003 Supplement, section 
  3.35  197.75, subdivision 1, is amended to read: 
  3.36     Subdivision 1.  [BENEFITS; ELIGIBILITY.] The commissioner 
  4.1   of veterans affairs shall spend a biennial appropriation for 
  4.2   tuition of veterans, and for tuition, fees, board, room, books 
  4.3   and supplies of the children of veterans who have died as a 
  4.4   result of their service in the armed forces of the United States 
  4.5   as determined by the United States Veterans Administration or 
  4.6   other instrumentality of the United States, in the University of 
  4.7   Minnesota, a state university, a community college, a technical 
  4.8   college, or any other university of higher learning within the 
  4.9   state accredited by the North Central Association of Colleges 
  4.10  and Secondary Schools, a law college approved by the Supreme 
  4.11  Court, a nursing school approved by the state Board of Nursing, 
  4.12  or in a trade, business, or vocational school in the state 
  4.13  approved by the state Department of Education, or in a 
  4.14  theological seminary, for any course which such veteran or child 
  4.15  may elect.  Not more than $750 shall be expended for the benefit 
  4.16  of any individual veteran, and not more than $750 in any fiscal 
  4.17  year shall be expended for the benefit of any child under this 
  4.18  section, and the need for the benefit shall be established and 
  4.19  determined by the commissioner of veterans affairs.  No child of 
  4.20  any veteran shall make application for the benefits provided in 
  4.21  this section unless the child resided in Minnesota for at least 
  4.22  two years immediately prior to the date of the application.  
  4.23  Children of veterans eligible for benefits according to this 
  4.24  section shall be admitted to state institutions of university 
  4.25  grade free of tuition until they receive a bachelors or 
  4.26  equivalent degree.  Payments of benefits shall be made directly 
  4.27  to the institution in which the course of instruction is given 
  4.28  or to the individual on forms prescribed by the commissioner. 
  4.29     [EFFECTIVE DATE.] This section is effective the day 
  4.30  following final enactment.  
  4.31     Sec. 4.  Minnesota Statutes 2002, section 197.75, 
  4.32  subdivision 3, is amended to read: 
  4.33     Subd. 3.  [PROOF OF ELIGIBILITY.] Approval for benefits 
  4.34  under this section shall require submission of the following 
  4.35  evidence:  application, financial statement, proof of military 
  4.36  service, proof of residency and where applicable, a statement 
  5.1   from the United States Veterans Administration that the veteran 
  5.2   has exhausted entitlement to federal educational benefits 
  5.3   through use thereof or that the veteran died of service 
  5.4   connected disabilities.  Upon submission of satisfactory proof 
  5.5   of eligibility, benefits shall be provided from the date of 
  5.6   application and notification of approval shall be sent to the 
  5.7   educational institution and applicant. 
  5.8      [EFFECTIVE DATE.] This section is effective the day 
  5.9   following final enactment.  
  5.10     Sec. 5.  [REPEALER.] 
  5.11     Minnesota Statutes 2002, sections 197.23, subdivision 2; 
  5.12  197.236, subdivision 4; and 197.59, are repealed. 
  5.13     [EFFECTIVE DATE.] This section is effective the day 
  5.14  following final enactment.