HF 4334

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/20/2024 01:05pm

A bill for an act
relating to veterans; 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, section 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.

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. 2.

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. 3.

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 three deleted text end new text begin four new 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