Minnesota Legislature
HF 4334
2nd Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/05/2024 09:57am
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 02/27/2024 | |
| 1st Engrossment | Posted on 03/20/2024 | |
| 2nd Engrossment | Posted on 04/05/2024 |
Current Version - 2nd Engrossment
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A bill for an act
relating to veterans; modifying veteran's preference provisions; prohibiting state
benefits when certain veterans and former service members forfeit federal benefits;
modifying oversight of veterans home administrators; requiring planning for a
new state veterans cemetery; amending Minnesota Statutes 2022, sections 43A.11;
197.455, subdivisions 2, 6; 197.4551; 198.005; Laws 2010, chapter 333, article 2,
section 23, as amended; proposing coding for new law in Minnesota Statutes,
chapter 197.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2022, section 43A.11, is amended to read:
43A.11 VETERAN'S PREFERENCE.
Subdivision 1.
Creation.
Recognizing that training and experience in the military services
of the government and loyalty and sacrifice for the government are qualifications of merit
which cannot be readily assessed by examination, a veteran's preference shall be available
pursuant to this section to deleted text begin a veteran as defined in section 197.447deleted text end new text begin veteransnew text end .
Subd. 5.
deleted text begin Disabled veteran;deleted text end Definitions.
new text begin
(a) For purposes of this section, "veteran"
means:
new text end
new text begin
(1) a person who satisfies the definition in section 197.447; or
new text end
new text begin
(2) a person in active military service in any branch of the armed services when the
appointing authority anticipates the person will, prior to appointment, satisfy the definition
in section 197.447, as evidenced by a written document from the person's branch certifying
that the person is expected to be discharged or released from active military service under
honorable conditions no later than 120 days after the date the certification is submitted for
consideration in the selection process.
new text end
new text begin (b) new text end For the purpose of the preference to be used in securing appointment from an applicant
pool, "disabled veteran" means a person whonew text begin :
new text end
new text begin (1) new text end has a compensable service connected disability as adjudicated by the United States
Veterans Administration, or by the retirement board of one of the several branches of the
armed forces, which disability is existing at the time preference is claimednew text begin ; or
new text end
new text begin (2) satisfies the definition of veteran in paragraph (a), clause (2), and establishes the
present existence of a service-connected disabilitynew text end .
Subd. 6.
Preference for spouses.
A preference available pursuant to this section may
be used by the surviving spouse of a deceased veteran and by the spouse of a disabled
veteran who because of the disability is unable to qualify.
Subd. 7.
Ranking of veterans.
new text begin (a) new text end Applicants who meet the minimum qualifications
for a vacant position and claim disabled veteran's preference shall be listed in the applicant
pool ahead of all other applicants. Applicants who meet the minimum qualifications for a
vacant position and claim nondisabled veteran's preference shall be listed in the applicant
pool after those claiming disabled veteran's preference and ahead of nonveterans. Each
recently separated veteran who meets minimum qualifications for a vacant position and has
claimed a veterans or disabled veterans preference must be considered for the position. The
top five recently separated veterans must be granted an interview for the position by the
hiring authority.
new text begin (b) For purposes of this section, new text end the term "recently separated veteran" meansnew text begin :
new text end
new text begin (1)new text end a veteran, as defined in deleted text begin section 197.447deleted text end new text begin subdivision 5, paragraph (a), clause (1)new text end , who
has served in active military service, at any time on or after September 11, 2001, and who
has been honorably discharged from active service, as shown by the person's form DD-214new text begin ;
or
new text end
new text begin (2) a veteran, as defined in subdivision 5, paragraph (a), clause (2)new text end .
Subd. 8.
Notification.
The commissioner or an appointing authority, when notifying
applicants that they have been accepted into the state's selection process, shall notify
applicants that they may elect to use veteran's preference.
Subd. 9.
Rejection; explanation.
If the appointing authority rejects a member of the
finalist pool who has claimed veteran's preference, the appointing authority shall notify the
finalist in writing of the reasons for the rejection.
new text begin Subd. 10. new text end
new text begin Verification required. new text end
new text begin
Before appointing a person who received veteran's
preference in the selection process under subdivision 5, paragraph (a), clause (2), or
subdivision 7, paragraph (b), clause (2), the appointing authority must verify that the person
has been separated under honorable conditions, as shown by the person's form DD-214,
and has otherwise satisfied the definition of veteran under section 197.447.
new text end
Sec. 2.
new text begin
[197.08] FORFEITURE OF BENEFITS.
new text end
new text begin
Any veteran as defined by section 197.447, any veteran's spouse or dependent, any
former service member of the armed forces, or any former service member's spouse or
dependent shall not qualify for state-funded benefits, services, or programs under this
chapter, chapter 196, or chapter 198 if the veteran or former service member was determined
by the United States Department of Veterans Affairs to have forfeited the veteran's or service
member's entitlement to federal benefits according to United States Code, title 38, chapter
61.
new text end
Sec. 3.
Minnesota Statutes 2022, section 197.455, subdivision 2, is amended to read:
Subd. 2.
Creation.
Recognizing that training and experience in the military services of
the government and loyalty and sacrifice for the government are qualifications of merit
which cannot be readily assessed by examination, a veteran's preference shall be available
to a veteran as defined in section deleted text begin 197.447deleted text end new text begin 43A.11, subdivision 5, paragraph (a)new text end .
Sec. 4.
Minnesota Statutes 2022, section 197.455, subdivision 6, is amended to read:
Subd. 6.
Disabled veteran; definitions.
For the purpose of the preference to be used in
securing appointment from a competitive open examination, "disabled veteran" deleted text begin means a
person who has a compensable service-connected disability as adjudicated by the United
States Veterans Administration, or by the retirement board of one of the several branches
of the armed forces, which disability is existing at the time preference is claimeddeleted text end new text begin has the
meaning given in section 43A.11, subdivision 5, paragraph (b)new text end . For purposes of the preference
to be used in securing appointment from a competitive promotional examination, "disabled
veteran" means a person who, at the time of election to use a promotional preference, is
entitled to disability compensation under laws administered by the Veterans Administration
for a permanent service-connected disability rated at 50 percent or more.
Sec. 5.
Minnesota Statutes 2022, section 197.4551, is amended to read:
197.4551 PERMISSIVE PREFERENCE FOR VETERANS IN PRIVATE
EMPLOYMENT.
Subdivision 1.
Preference permitted.
A private, nonpublic employer may grant
preference to a veteran in hiring and promotion.new text begin For purposes of hiring under this section,
"veteran" has the meaning given in section 43A.11, subdivision 5, paragraph (a).
new text end
Subd. 2.
Preference for spouse of disabled or deceased veteran; definition.
A private,
nonpublic employer may grant preference in hiring and promotion to a spouse of a disabled
veteran who has a service-connected permanent and total disability and to a surviving spouse
of a deceased veteran. new text begin For purposes of promotion under this section, new text end "disabled veteran" deleted text begin in
this subdivisiondeleted text end means a person who has had a compensable service-connected disability
as adjudicated by the United States Veterans Administration, or by the retirement board of
one of the several branches of the armed forces.new text begin For purposes of hiring under this section,
"disabled veteran" has the meaning given in section 43A.11, subdivision 5, paragraph (b).
new text end
Subd. 3.
Equal employment opportunity law.
Granting preference under subdivision
1 or 2 does not violate any local or state equal employment opportunity law, including, but
not limited to, chapter 363A.
Sec. 6.
Minnesota Statutes 2022, section 198.005, is amended to read:
198.005 ADMINISTRATORS.
The commissioner shall appoint an administrator for each of the veterans homes. The
administrators act as the administrative head for their respective veterans homes. The
administrators shall have a current Minnesota nursing home administrator's license and shall
serve in the unclassified service. The salaries of the administrators are not subject to section
43A.17, subdivision 1. deleted text begin The administrators serve at the pleasure of the commissioner and
report directly to the commissioner.
deleted text end
Sec. 7.
Laws 2010, chapter 333, article 2, section 23, as amended by Laws 2011, First
Special Session chapter 12, section 47, is amended to read:
Sec. 23. PLANNING NEW VETERANS CEMETERIES.
(a) The commissioner of veterans affairs shall determine a suitable site and plan for
deleted text begin threedeleted text end new text begin fournew text end new state veterans cemeteries, one to be located in northeastern Minnesota, new text begin one
to be located in northwestern Minnesota, new text end one to be located in southeastern Minnesota, and
one to be located in southwestern Minnesota. In determining the site for a cemetery, the
commissioner shall consider available public land options and shall seek proposals for
donated land from interested counties, local communities, civic organizations, veterans
service organizations, and individuals.
(b) For determining the veterans cemetery site in southeastern Minnesota, the
commissioner shall give priority consideration to land owned and proposed for donation
by the county of Fillmore.
(c) The commissioner's planning process for a state veterans cemetery must include, at
a minimum, the following actions:
(1) determining the need for the cemetery;
(2) investigating the availability of suitable land for the cemetery;
(3) assessment of impacts of the cemetery;
(4) encouragement of support from veteran service organizations and local governments;
and
(5) preparation and submission of a preapplication for a grant from the United States
Department of Veterans Affairs for commitment of funding for establishing the cemetery.
(d) By January 15, 2011, the commissioner shall report to the chair and ranking minority
member of the house of representatives and senate committees having responsibility for
veterans affairs with a report of the commissioner's progress in implementing this section.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end