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HF 4365

as introduced - 92nd Legislature (2021 - 2022) Posted on 04/28/2022 05:04pm

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

Bill Text Versions

Engrossments
Introduction Posted on 03/17/2022

Current Version - as introduced

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A bill for an act
relating to veterans affairs; modifying veterans bonus program provisions;
appropriating money; amending Minnesota Statutes 2020, section 197.79,
subdivisions 1, 2, 3, 5, 10.

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

Section 1.

Minnesota Statutes 2020, section 197.79, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

For purposes of this section, the following terms have the
meanings given them.

(a) "Applicant" means a veteran or a veteran's guardian, conservator, or personal
representative or a beneficiary or a beneficiary's guardian, conservator, or personal
representative who has filed an application with the commissioner for a bonus under this
section.

(b) "Application" means a request for a bonus payment by a veteran, a veteran's
beneficiary, or a veteran's guardian, conservator, or personal representative through
submission of written information on a form designed by the commissioner for this purpose.

(c) "Beneficiary" means in relation to a deceased veteran and in the order named:

(1) the surviving spouse, if not remarried;

(2) the children of the veteran, if there is no surviving spouse or the surviving spouse
has remarried;

(3) the veteran's surviving parent or parents;

(4) the veteran's surviving sibling or siblings; or

(5) the veteran's estate.

(d) "Commissioner" means the commissioner of the Department of Veterans Affairs.

(e) "Department" means the Department of Veterans Affairs.

(f) "Eligibility period for the bonus" means the period from deleted text beginAugust 2, 1990, to July 31,
1991
deleted text endnew text begin September 11, 2001, to August 30, 2021new text end.

(g) "Guardian" or "conservator" means the legally appointed representative of a minor
new text begin or incapacitated new text endbeneficiary or deleted text beginincompetentdeleted text end veteran, the chief officer of a hospital or
institution in which the deleted text beginincompetentdeleted text endnew text begin incapacitatednew text end veteran is placed if the officer is authorized
to accept money for the benefit of the minor or deleted text beginincompetentdeleted text endnew text begin incapacitatednew text end, the person
determined by the commissioner to be the person who is legally charged with the
responsibility for the care of the minor new text beginor incapacitated new text endbeneficiary or deleted text beginincompetentdeleted text end veteran,
or the person determined by the commissioner to be the person who has assumed the
responsibility for the care of the minor new text beginor incapacitated new text endbeneficiary or deleted text beginincompetentdeleted text end veteran.

(h) "Honorable service" means honorable new text beginfederal new text endservice in the United States armed
forces, as evidenced by:

(1) an honorable discharge;

(2) a general discharge under honorable conditions;

(3) in the case of an officer, a certificate of honorable service; or

(4) in the case of an applicant who is currently serving in active duty in the United States
armed forces, a certificate from an appropriate service authority that the applicant's service
to date has been honorable.

new text begin (i) "Incapacitated person" means an individual who, for reasons other than being a minor,
lacks sufficient understanding or the capacity to make personal decisions and who is unable
to meet the individual's own personal needs for medical care, nutrition, clothing, shelter, or
safety even when assisted by appropriate technology or supported decision making.
new text end

deleted text begin (i)deleted text endnew text begin (j)new text end "Resident veteran" means a veteran who served in active duty in the United States
armed forces at any time during the eligibility period for the bonus, and who also:

(1) has been separated or discharged from the United States armed forces, and deleted text beginwhose
home of record at the time of entry into active duty in the United States armed forces, as
indicated on the person's form DD-214 or other documents the commissioner may authorize,
is the state of Minnesota
deleted text endnew text begin has lived in Minnesota for at least 30 days at the time of application
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
new text end; or

(2) is currently serving in the United States armed forces, and has a certificate from an
appropriate service authority stating that the person: (i) served in active duty in the United
States armed forces at any time during the eligibility period for the bonus; and (ii) deleted text beginhaddeleted text endnew text begin hasnew text end
Minnesota new text beginlisted new text endas thenew text begin veteran'snew text end home of record deleted text beginat the time of entry into active duty in the
United States armed forces
deleted text endnew text begin in the veteran's official military personnel filenew text end.

deleted text begin (j)deleted text endnew text begin (k)new text end "Service connected" means caused by an injury or disease incurred or aggravated
while on active duty, as determined by the United States Department of Veterans Affairs.

deleted text begin (k)deleted text endnew text begin (l)new text end "Veteran" has the meaning given in section 197.447deleted text begin,deleted text end andnew text begin does not include a
member of the National Guard or the reserve components of the United States armed forces
ordered to active duty for the sole purpose of training. Veteran
new text end also includesdeleted text begin:
deleted text end

deleted text begin (1)deleted text end a person who is providing honorable service on active duty in the United States
armed forces and has not been separated or dischargeddeleted text begin; ordeleted text endnew text begin.
new text end

deleted text begin (2) a member of a reserve component of the armed forces of the United States, including
the National Guard, who was ordered to active duty under United States Code, title 10,
section 673b, during the eligibility period for the bonus and who was deployed to a duty
station outside the state of Minnesota, as verified by the appropriate service authority. An
applicant's DD-214 form showing eligibility for or award of the Southwest Asia service
medal during the eligibility period for the bonus will suffice as verification.
deleted text end

deleted text begin "Veteran" does not include a member of the National Guard or the reserve components
of the United States armed forces ordered to active duty for the sole purpose of training.
deleted text end

Sec. 2.

Minnesota Statutes 2020, section 197.79, subdivision 2, is amended to read:


Subd. 2.

Bonus amount.

(a) For a resident veteran who provided honorable service in
the United States armed forces at any time during the eligibility period for the bonus, the
bonus amount is:

(1) deleted text begin$300deleted text endnew text begin $600new text end, if the veteran did not receive the deleted text beginSouthwest Asia service medaldeleted text endnew text begin Armed
Forces Expeditionary Medal, Global War on Terrorism Expeditionary Medal, Iraq Campaign
Medal, or Afghanistan Campaign Medal
new text end during the eligibility period for the bonus;

(2) deleted text begin$600deleted text endnew text begin $1200new text end, if the veteran received the deleted text beginSouthwest Asia service medaldeleted text endnew text begin Armed Forces
Expeditionary Medal, Global War on Terrorism Expeditionary Medal, Iraq Campaign Medal,
or Afghanistan Campaign Medal
new text end during the eligibility period for the bonus; or

(3) $2,000, if the veteran was eligible for the deleted text beginSouthwest Asia service medaldeleted text endnew text begin Armed
Forces Expeditionary Medal, Global War on Terrorism Expeditionary Medal, Iraq Campaign
Medal, or Afghanistan Campaign Medal
new text end during the eligibility period for the bonus, and
died during that time period as a direct result of a service connected injury, disease, or
condition.

(b) In the case of a deceased veteran, the commissioner shall pay the bonus to the veteran's
beneficiary.

deleted text begin (c) No payment may be made to a veteran or beneficiary who has received a similar
bonus payment from another state.
deleted text end

Sec. 3.

Minnesota Statutes 2020, section 197.79, subdivision 3, is amended to read:


Subd. 3.

Application process.

A veteran, or the beneficiary of a veteran, entitled to a
bonus may make application for a bonus to the department deleted text beginon a formdeleted text endnew text begin asnew text end prescribed by the
commissioner and verified by the applicant. If the veteran is deleted text beginincompetentdeleted text endnew text begin incapacitatednew text end or
the veteran's beneficiary is a minor or deleted text beginincompetentdeleted text endnew text begin incapacitatednew text end, the application must be
made by the person's guardian or conservator. An application must be accompanied by
evidence of residency, honorable service, active duty service during the eligibility period
for the bonus, and any other information the commissioner requires. The applicant must
indicate on the application form the bonus amount for which the applicant expects to be
eligible.

If the information provided in the application is incomplete, the department must notify
the applicant in writing of that fact and must identify the items of information needed to
make a determination. After notifying an applicant that the person's application is incomplete,
the department shall hold the application open new text beginfor up to 120 days new text endwhile awaiting further
information from the applicant, and the applicant may submit that information new text beginwithin the
120-day period
new text endwithout filing an appeal and request for review.

Sec. 4.

Minnesota Statutes 2020, section 197.79, subdivision 5, is amended to read:


Subd. 5.

Notices.

Notices and correspondence to an applicant must be directed to the
applicant by mail at the address listed in the applicationnew text begin or electronicallynew text end. Notices and
correspondence to the commissioner must be addressed to the commissioner's office deleted text beginin St.
Paul
deleted text endnew text begin or the designated department systemnew text end.

Sec. 5.

Minnesota Statutes 2020, section 197.79, subdivision 10, is amended to read:


Subd. 10.

Deadline for applications.

The application period for the bonus program
established in this section shall be deleted text beginNovember 1, 1997, to June 30, 2001deleted text endnew text begin July 1, 2022, to
June 30, 2024
new text end. The department may not receive or accept new applications after June 30,
deleted text begin 2001deleted text endnew text begin 2024new text end.

Sec. 6. new text beginAPPROPRIATION.
new text end

new text begin $40,000,000 in fiscal year 2023 is appropriated from the general fund to the commissioner
of veterans affairs to provide service bonuses to Post-9/11 Veterans and Gold Star Families
under Minnesota Statutes, section 197.79.
new text end