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SF 2372

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 11:36pm

KEY: stricken = removed, old language.
underscored = added, new language.
Version List Authors and Status
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Current Version - as introduced

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A bill for an act
 relating to veterans; clarifying the role of the commissioner and Department of
Veterans Affairs in providing certain resources for the county veterans service
offices; amending Minnesota Statutes 2008, sections 197.60, subdivision 1;
197.601; 197.605; 197.606; 197.609, subdivisions 1, 2.

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

Section 1.

Minnesota Statutes 2008, section 197.60, subdivision 1, is amended to read:


Subdivision 1.

Appointment; administrative support.

The county board of any
county deleted text begin except Clay Countydeleted text end , or the county boards of any two or more counties acting
pursuant to deleted text begin the provisions ofdeleted text end section 197.602, shall appoint a veterans service officer
deleted text begin and shall provide necessary clerical help, office space, equipment, and supplies for the
officer, together with reimbursement for mileage and other traveling expenses necessarily
incurred in the performance of duties;deleted text end and may appoint one or more assistant veterans
service officers who deleted text begin shall have the qualifications prescribed indeleted text end new text begin are qualified undernew text end section
197.601. deleted text begin The county board of Clay County may appoint a veterans service officer and
assistant veterans service officers as provided in this subdivision.deleted text end new text begin The county board or
boards shall provide necessary clerical help, office space, equipment, and supplies for the
officer, and reimbursement for mileage and other traveling expenses necessarily incurred
in the performance of duties. new text end Subject to the direction and control of the veterans service
officer, the assistant veterans service officer may exercise all the powers, and shall perform
the duties, of the veterans service officer, and deleted text begin shall bedeleted text end new text begin isnew text end subject to all the provisions of
sections 197.60 to 197.606 relating to a veterans service officer. Every county officer and
agency shall cooperate with the veterans service officer and shall provide the officer with
information necessary in connection with the performance of duties.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010.
 new text end

Sec. 2.

Minnesota Statutes 2008, section 197.601, is amended to read:


197.601 QUALIFICATIONS OF VETERANS SERVICE OFFICERS.

No person shall be appointed a veterans service officer new text begin or an assistant county
veterans service officer or the equivalent new text end under sections 197.60 to 197.606 deleted text begin without the
following qualificationsdeleted text end new text begin unless the person isnew text end :

(1) deleted text begin residence indeleted text end new text begin a resident ofnew text end the state of Minnesota;

(2) deleted text begin citizenship indeleted text end new text begin a citizen ofnew text end the United States;new text begin and
new text end

(3) new text begin a new text end veterannew text begin ,new text end as defined in section 197.447deleted text begin ;deleted text end new text begin .new text end

deleted text begin (4) education and training for the duties of veterans service officer;
 deleted text end

deleted text begin (5) knowledge of the law and the regulations and rulings of the United States
Veterans Administration applicable to cases before it and the administration thereof.
 deleted text end

new text begin In addition, a person accepting appointment to the position of county veterans
service officer or assistant county veterans service officer or other equivalent assistant
position must agree to receive, within six months of the appointment, training and
education for the duties of the position, including development of an effective working
knowledge of relevant laws, rules, and regulations pertaining to the United States
Department of Veterans Affairs, as applicable to veterans cases before the department and
the administration of those cases.
 new text end

Sec. 3.

Minnesota Statutes 2008, section 197.605, is amended to read:


197.605 deleted text begin SUPERVISIONdeleted text end new text begin DEPARTMENT AS A RESOURCE TO COUNTIESnew text end .

Subdivision 1.

deleted text begin Methods of operationdeleted text end new text begin Resources availablenew text end .

deleted text begin Every veterans service
officer appointed under sections 197.60 to 197.606 shall be under the general supervision
of the commissioner of veterans affairs as to methods of operation.deleted text end new text begin The commissioner of
veterans affairs shall make resources available within the Department of Veterans Affairs
to every county that operates a county veterans service office, to assist the county with
maintaining efficient and effective services to veterans. To receive available resources
from the department, a county must formally request them from the commissioner and
invite the commissioner or the commissioner's designee or designees into the county
as necessary to provide those resources. The commissioner shall consult with the
Association of Minnesota Counties and the Minnesota Association of County Veterans
Service Officers in developing a list of resources available to counties in support of their
county veterans service offices.
new text end

Subd. 2.

Use of agencies to present claims.

Every veterans service officer new text begin and
assistant veterans service officer or the equivalent new text end appointed under sections 197.60 to
197.606 shall use the new text begin Minnesota new text end Department of Veterans Affairs or any organization
recognized by the United States new text begin Department of new text end Veterans deleted text begin Administrationdeleted text end new text begin Affairsnew text end , as may
be designated by the veteran by power of attorney, in the presentation of claims to the
United States new text begin Department of new text end Veterans deleted text begin Administrationdeleted text end new text begin Affairsnew text end for the benefits referred to
in section 197.603.

deleted text begin Subd. 3. deleted text end

deleted text begin Rules. deleted text end

deleted text begin The commissioner of veterans affairs shall have authority to
prescribe such rules as are necessary for compliance with this section and the efficient
uniform administration of sections 197.60 to 197.606. Such rules shall not apply to the
appointment, tenure, compensation, or working conditions of a veterans service officer
appointed under sections 197.60 to 197.606.
deleted text end

Subd. 4.

Certification.

The commissioner of veterans affairs shall establish a
certification process for veterans service officers. In doing so, the commissioner shall
consult with the Minnesota Association of County Veterans Service Officers.

Sec. 4.

Minnesota Statutes 2008, section 197.606, is amended to read:


197.606 CLASSED AS COUNTY EMPLOYEES.

Veterans service officers and assistant veterans service officers appointed under
sections 197.60 to 197.606 are employees of the counties by which they are employed, and
are under the exclusive jurisdiction and control of deleted text begin suchdeleted text end new text begin thosenew text end counties deleted text begin and the Department
of Veterans Affairs as herein provideddeleted text end .

Sec. 5.

Minnesota Statutes 2008, section 197.609, subdivision 1, is amended to read:


Subdivision 1.

Establishment and administration.

An education program for
county veterans service officers is established to be administered by the commissioner of
veterans affairsnew text begin , with assistance and advice from the Minnesota Association of County
Veterans Service Officersnew text end .

Sec. 6.

Minnesota Statutes 2008, section 197.609, subdivision 2, is amended to read:


Subd. 2.

Eligibility.

To be eligible for the program in this section, a person must
currently be employed as a county veterans service officer new text begin or assistant county veterans
service officer, new text end as authorized by sections 197.60 to 197.606, and be certified to serve in
that position by the commissioner of veterans affairs or be serving a probationary period
as authorized by section 197.60, subdivision 2.

Sec. 7. new text begin NONCOMPLIANCE.
new text end

new text begin A county that on July 1, 2010, is noncompliant with regard to the qualifications of
an assistant county veterans service officer or the equivalent, under Minnesota Statutes,
section 197.601, must comply with the requirements of that section no later than June 30,
2013, and must remain in compliance after that date.
 new text end

Sec. 8. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 7 are effective July 1, 2010.
 new text end