Minnesota Legislature
HF 3749
as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 03/04/2008 |
Current Version - as introduced
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A bill for an act
relating to veterans; authorizing and regulating state veterans cemeteries;
amending Minnesota Statutes 2006, section 197.236.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2006, section 197.236, is amended to read:
197.236 deleted text begin VETERANS CEMETERYdeleted text end new text begin STATE VETERANS CEMETERIESnew text end .
Subd. 3.
Operation and maintenance.
The commissioner of veterans affairs shall
supervise and control the veterans deleted text begin cemeterydeleted text end new text begin cemeteriesnew text end established under this section.new text begin The
cemeteries are to be maintained and operated in accordance with the operational standards
and measures of the National Cemetery Administration.new text end The commissioner may contract
for the maintenance deleted text begin and operationdeleted text end of the deleted text begin cemeterydeleted text end new text begin cemeteriesnew text end . All personnel, equipment,
and support necessary for maintenance and operation of the deleted text begin cemeterydeleted text end new text begin cemeteriesnew text end must be
included in the department's budget.
Subd. 5.
Rules.
The commissioner of veterans affairs may adopt rules regarding the
operation of the deleted text begin cemeterydeleted text end new text begin cemeteriesnew text end . deleted text begin If practicable,deleted text end The commissioner shall require that
upright granite markers new text begin supplied by the United States Department of Veterans Affairs new text end be
used to mark all gravesites.
Subd. 6.
Permanent development and maintenance account.
A veterans
cemetery development and maintenance account is established in the special revenue
fund of the state treasury. Receipts for burial fees, deleted text begin earnings from the veterans cemetery
trust accountdeleted text end new text begin plot or interment allowance claimsnew text end , designated appropriations, and any
other cemetery receipts must be deposited into this account. The money in the account,
including interest earned, is appropriated to the commissioner to be used for the
development, operation, maintenance, and improvement of the deleted text begin cemeterydeleted text end new text begin cemeteriesnew text end .
To the extent practicable, the commissioner of veterans affairs must apply for available
federal grants deleted text begin for the development and operation of the cemeterydeleted text end new text begin to establish, expand, or
improve the cemeteriesnew text end .
deleted text begin Subd. 7. deleted text end
deleted text begin Permanent trust account. deleted text end
deleted text begin
A veterans cemetery trust account is
established in the special revenue fund of the state treasury. All designated appropriations
and monetary donations to the cemetery must be placed in this account. The principal of
this account must be invested by the State Board of Investment and may not be spent. The
income from this account must be transferred as directed by the account manager to the
veterans cemetery development and maintenance account.
deleted text end
Subd. 8.
Eligibility.
deleted text begin Any person who is eligible for burial in a national veterans
cemetery is eligible for burial in the State Veterans Cemeterydeleted text end new text begin Cemeteries must be operated
solely for the burial of service members who die on active duty, eligible veterans, and
their spouses and dependent children, as defined in United States Code, title 38, section
101, paragraph (2)new text end .
Subd. 9.
Burial fees.
The commissioner of veterans affairs shall establish a fee
schedule, which may be adjusted from time to time, for the interment of eligible deleted text begin family
membersdeleted text end new text begin spouses and dependent childrennew text end . The fees shall cover as nearly as practicable
the actual costs of interment, excluding the value of the plot. deleted text begin The department may accept
the Social Security burial allowance, if any, of the eligible family members in an amount
not to exceed the actual cost of the interment.deleted text end The commissioner may waive the fee
in the case of an indigent eligible person.
No plot or interment fees may be charged for the burial of deleted text begin eligible veterans, members
of the National Guard, or military reservists, except that funds available from the Social
Security or veterans burial allowances, if any, must be paid to the commissioner in an
amount not to exceed the actual cost of the interment, excluding the value of the plot.
deleted text end
deleted text begin Prior to the interment of an eligible person, the commissioner shall request the
cooperation of the eligible person's next of kin in applying to the appropriate federal
agencies for payment to the cemetery of any allowable interment allowancedeleted text end new text begin service
members who die on active duty or eligible veterans, as defined in United States Code,
title 38, section 101, paragraph (2)new text end .
deleted text begin Subd. 10. deleted text end
deleted text begin Allocation of plots. deleted text end
deleted text begin
A person, or survivor of a person, eligible for
interment in the State Veterans Cemetery may apply for a burial plot for the eligible
person by submitting a request to the commissioner of veterans affairs on a form supplied
by the department. The department shall allot plots on a first-come, first-served basis. To
the extent that it is practical, plots must be allocated in a manner permitting the burial of
eligible family members above, below, or adjacent to the eligible veteran, member of
the National Guard, or military reservist.
deleted text end
new text begin Subd. 11. new text end
new text begin Plot allowance claims. new text end
new text begin
The commissioner of veterans affairs must apply
to the Veterans Benefits Administration for a plot or interment allowance payable to the
state for expenses incurred by the state in the burial of eligible veterans in cemeteries
owned and operated by the state if the burial is performed at no cost to the veteran's
next of kin.
new text end