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HF 3224

as introduced - 89th Legislature (2015 - 2016) Posted on 03/16/2016 11:45am

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

Bill Text Versions

Engrossments
Introduction Posted on 03/16/2016

Current Version - as introduced

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A bill for an act
relating to veterans affairs; appropriating money for veterans support including
support for domestic abuse prevention, mental health services, chemical abuse
treatment, veterans homelessness prevention, compensation to honor guards,
and veterans courts; providing a veterans nursing home tax credit; amending
Minnesota Statutes 2014, section 197.05; proposing coding for new law in
Minnesota Statutes, chapter 290.

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

Section 1.

Minnesota Statutes 2014, section 197.05, is amended to read:


197.05 FUND, HOW EXPENDED.

(a) The state soldiers' assistance fund shall be administered by the commissioner of
veterans affairs and shall be used to locate and investigate the facts as to any Minnesota
resident or resident alien residing in Minnesota who served in the military or naval forces of
the United States and who is indigent or suffering from any disability whether acquired in
the service or not; to assist the person and the person's dependents as hereinafter provided
in establishing and proving any just claim the person may have against the United States
government, or any other government or state for compensation, insurance, relief, or other
benefits; to provide maintenance and relief for any person suffering from disability who was
a bona fide resident of the state at the time the need arose and the person's dependents, as
hereinafter provided; and to cooperate with other state, municipal, and county officials and
civic or civilian agencies or organizations in carrying out the provisions of sections 197.03
to 197.07. The commissioner shall limit financial assistance to veterans and dependents to
six months, unless recipients have been certified as ineligible for other benefit programs.

(b) For purposes of this section, "resident" means a person living in Minnesota for at
least 30 days with the intention of residing in the state and not for any temporary purpose.
An applicant may verify a residence address by presenting a valid state driver's license,
a state identification card, a voter registration card, a rent receipt, a statement by the
landlord, apartment manager, or homeowner verifying that the individual is residing at the
address, or other form of verification approved by the commissioner.

(c) new text begin Except as otherwise provided in this section, new text end the fund is appropriated to be used
in the manner determined by the commissioner of veterans affairs for these purposes.

new text begin (d) The commissioner shall issue grants to veterans who are required to participate
in substance abuse treatment or mental health counseling by a court of law. A veteran
is not required to qualify under the schedule of maximum monthly allowances to be
eligible to receive a grant under this paragraph. The commissioner shall issue grants
under this paragraph on a case-by-case basis considering the totality of the veteran's
financial circumstances. The commissioner shall presume a veteran who either qualified
for appointment of a public defender under section 611.17, or is participating in veterans
court, is financially qualified to receive a grant under this paragraph.
new text end

Sec. 2.

new text begin [290.0682] VETERANS NURSING HOME CREDIT.
new text end

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 the eligible veteran to live in a nursing home is allowed a credit against the tax due
under this chapter. The credit equals 50 percent of the amount the individual paid for each
qualified month in which the eligible veteran lived in a nursing home. The maximum
credit is $30,000 for married couples filing separate returns, and $60,000 for all other filers.
new text end

new text begin (b) For a part-year resident, the credit must be allocated based on the percentage
calculated under section 290.06, subdivision 2c, paragraph (e).
new text end

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 meanings given.
new text end

new text begin (b) "Eligible veteran" means a Minnesota resident who:
new text end

new text begin (1) meets the definition of "veteran" provided in section 197.447;
new text end

new text begin (2) meets the eligibility requirements to reside in a Minnesota veterans home as
provided in section 198.01; and
new text end

new text begin (3) has applied for admission to one or more Minnesota veterans homes and is
on an active waiting list.
new text end

new text begin Eligible veteran does not include an individual who has been offered and declined
placement in a Minnesota veterans home.
new text end

new text begin (c) "Nursing home" has the meaning given in Minnesota Statutes, section 144A.01,
subdivision 5.
new text end

new text begin (d) "Qualified month" means a month in which the eligible veteran does not receive
medical assistance under chapter 256B.
new text end

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 receive under this section exceeds the claimant's tax liability under this chapter, the
commissioner shall refund the excess to the claimant.
new text end

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 is appropriated from the general fund to the commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxable years beginning after
December 31, 2015.
new text end

Sec. 3. new text begin VETERANS AND GUARDSMEN ENTITLED TO STATE HEALTH
INSURANCE; STUDY; REPORT.
new text end

new text begin The commissioner of veterans affairs, the commissioner of military affairs, and
the commissioner of human services shall jointly study and report on the feasibility of
permitting veterans and resident members of the state's National Guard who meet the
federal health care eligibility guidelines for veterans and guardsmen set by the United
States Veterans Administration and the United States Department of Defense to receive
coverage under the medical assistance and MinnesotaCare programs. The study shall
provide separate cost estimates for providing coverage under medical assistance and
MinnesotaCare, and shall provide recommendations for maximizing federal financial
participation. By January 1, 2017, the commissioners shall provide a copy of the report to
the legislature.
new text end

Sec. 4. new text begin HONOR GUARD; APPROPRIATION.
new text end

new text begin $....... is appropriated in fiscal year 2017 to the commissioner of veterans affairs
for compensation for honor guards at the funerals of veterans under Minnesota Statutes,
section 197.231. This appropriation is in addition to the appropriation under Laws 2015,
chapter 77, article 1, section 37, subdivision 2.
new text end

Sec. 5. new text begin MINNESOTA ASSISTANCE COUNCIL FOR VETERANS;
APPROPRIATION.
new text end

new text begin $....... is appropriated in fiscal year 2017 to the commissioner of veterans affairs for
a grant to the Minnesota Assistance Council for Veterans to provide assistance throughout
Minnesota to veterans and their families who are homeless or in danger of homelessness.
new text end

new text begin This appropriation is in addition to the appropriation under Laws 2015, chapter 77,
article 1, section 37, subdivision 2.
new text end

Sec. 6. new text begin VETERANS DOMESTIC ABUSE PREVENTION; CHANGE STEP
PROGRAM; APPROPRIATION.
new text end

new text begin $....... in fiscal year 2017 is appropriated from the general fund to the commissioner
of public safety for a grant to the Domestic Abuse Project to offer the change step program
to all veterans who self-refer or are ordered by a court of law to participate in a domestic
abuse counseling and education program.
new text end

Sec. 7. new text begin SOLDIERS' ASSISTANCE PROGRAM; APPROPRIATION.
new text end

new text begin $....... in fiscal year 2017 is appropriated from the general fund to the state soldiers'
assistance fund. The commissioner of veterans affairs must use this appropriation to fund
grants to veterans as provided for in Minnesota Statutes, section 197.05, paragraph (d).
new text end

Sec. 8. new text begin VETERANS COURTS; APPROPRIATION.
new text end

new text begin $....... in fiscal year 2017 is appropriated from the general fund to the State Court
Administrator for the purpose of developing and supporting veterans courts throughout
the state. This appropriation is available until spent.
new text end