Office of the Revisor of Statutes
Minnesota Session Laws - 2004, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 256-H.F.No. 2166
An act relating to the military; reserving a military
family's position under the child care assistance
fund; prohibiting potential employers from inquiring
about National Guard or reserve status; transferring
responsibility for the veterans training program and
general responsibility for veterans educational
benefits to the commissioner of veterans affairs;
requiring payment of a salary differential to school
district employees who have reported to active
military duty; requiring the commissioner of veterans
affairs to provide information needed to implement a
Global War on Terrorism bonus to veterans; changing
certain veterans benefit provisions; amending
Minnesota Statutes 2002, sections 119B.09, by adding a
subdivision; 197.03; 197.75, subdivision 3; Minnesota
Statutes 2003 Supplement, sections 192.501,
subdivision 2; 197.05; 197.75, subdivision 1; 197.78,
subdivision 1; 471.975; proposing coding for new law
in Minnesota Statutes, chapters 181; 197; repealing
Minnesota Statutes 2002, sections 124D.97; 197.23,
subdivision 2; 197.236, subdivision 4; 197.59.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
Section 1. Minnesota Statutes 2002, section 119B.09, is
amended by adding a subdivision to read:
Subd. 4a. [TEMPORARY INELIGIBILITY OF MILITARY PERSONNEL.]
Counties must reserve a family's position under the child care
assistance fund if a family has been receiving child care
assistance but is temporarily ineligible for assistance due to
increased income from active military service. Activated
military personnel may be temporarily ineligible until
deactivation. A county must reserve a military family's
position on the basic sliding fee waiting list under the child
care assistance fund if a family is approved to receive child
care assistance and reaches the top of the waiting list but is
temporarily ineligible for assistance.
Sec. 2. [181.535] [ARMED FORCES RESERVES OR NATIONAL GUARD
STATUS.]
(a) No person, whether acting directly or through an agent
or as the agent or employee of another may, with intent to
discriminate:
(1) ask a person seeking employment with that person or the
employer represented by that person whether the person seeking
employment is a member of the National Guard or a reserve
component of the United States Armed Forces; or
(2) require the person seeking employment to make any oral
or written statement concerning National Guard or reserve status
as a condition precedent to employment.
(b) The adjutant general and the commissioner of veterans
affairs shall use reasonable means to publicize this section.
This section does not apply to public employers asking a
question or requesting a statement for the purpose of
determining whether a veterans preference applies.
(c) Section 645.241 does not apply to this section.
Sec. 3. Minnesota Statutes 2003 Supplement, section
192.501, subdivision 2, is amended to read:
Subd. 2. [TUITION AND TEXTBOOK REIMBURSEMENT GRANT
PROGRAM.] (a) The adjutant general shall establish a program to
provide tuition and textbook reimbursement grants to eligible
members of the Minnesota National Guard within the limitations
of this subdivision.
(b) Eligibility is limited to a member of the National
Guard who:
(1) is serving satisfactorily as defined by the adjutant
general;
(2) is attending a postsecondary educational institution,
as defined by section 136A.15, subdivision 6, including a
vocational or technical school operated or regulated by this
state or another state or province; and
(3) provides proof of satisfactory completion of
coursework, as defined by the adjutant general.
In addition, if a member of the Minnesota National Guard is
killed in the line of state active service or federally funded
state active service, as defined in section 190.05, subdivisions
5a and 5b, the member's surviving spouse, and any surviving
dependent who has not yet reached 24 years of age, is eligible
for a tuition and textbook reimbursement grant.
The adjutant general may, within the limitations of this
paragraph and other applicable laws, determine additional
eligibility criteria for the grant, and must specify the
criteria in department regulations and publish changes as
necessary.
(c) The amount of a tuition and textbook reimbursement
grant must be specified on a schedule as determined and
published in department regulations by the adjutant general, but
is limited to a maximum of an amount equal to the greater of:
(1) 75 up to 100 percent of the cost of tuition for lower
division programs in the College of Liberal Arts at the Twin
Cities campus of the University of Minnesota in the most recent
academic year; or
(2) 50 up to 100 percent of the cost of tuition for the
program in which the person is enrolled at that Minnesota public
institution, or if that public institution is outside the state
of Minnesota, for the cost of a comparable program at the
University of Minnesota, except that in the case of a survivor
as defined in paragraph (b), the amount of the tuition and
textbook reimbursement grant for coursework satisfactorily
completed by the person is limited to 100 percent of the cost of
tuition for postsecondary courses at a Minnesota public
educational institution.
Paragraph (b) notwithstanding, a person is no longer
eligible for a grant under this subdivision once the person has
received grants under this subdivision for the equivalent of 208
quarter credits or 144 semester credits of coursework.
(d) Tuition and textbook reimbursement grants received
under this subdivision may not be considered by the Minnesota
Higher Education Services Office or by any other state board,
commission, or entity in determining a person's eligibility for
a scholarship or grant-in-aid under sections 136A.095 to
136A.1311.
(e) If a member fails to complete a term of enlistment
during which a tuition and textbook reimbursement grant was
paid, the adjutant general may seek to recoup a prorated amount
as determined by the adjutant general.
Sec. 4. Minnesota Statutes 2003 Supplement, section
197.78, subdivision 1, is amended to read:
Subdivision 1. The commissioner of education veterans
affairs shall foster and support educational programs for the
benefit of veterans to assure that no Minnesotan shall be
deprived of earned veterans benefits by virtue of the
unavailability of programs for which the veteran is entitled to
enroll and receive subsistence, tuition, and other benefits
under federal programs. It shall be the responsibility of the
commissioner to measure the demand for veterans service
educational programs based on the criteria mandated by federal
veterans benefits laws and to authorize, promote, and make
grants within appropriated amounts to assure such program
availability.
Sec. 5. [197.781] [VETERANS TRAINING PROGRAM.]
The commissioner of veterans affairs shall administer the
veterans training program. Money in the veterans training
revolving fund for the veterans training program is appropriated
to the commissioner to pay the necessary expenses of operating
the program. The department must act as the state agency for
approving educational institutions for purposes of United States
Code, title 38, chapter 36, relating to educational benefits for
veterans and other persons and it may adopt rules to fulfill its
obligations as the state approving agency. All federal money
received for purposes of the veterans training program must be
deposited in the veterans training revolving fund.
Sec. 6. Minnesota Statutes 2003 Supplement, section
471.975, is amended to read:
471.975 [MAY PAY SALARY DIFFERENTIAL OF NATIONAL GUARD OR
OTHER RESERVE COMPONENT ON ACTIVE DUTY.]
(a) Except as provided in paragraph (b), a statutory or
home rule charter city, county, town, school district, or other
political subdivision may pay to each eligible member of the
National Guard or other reserve component of the armed forces of
the United States an amount equal to the difference between the
member's basic active duty military salary and the salary the
member would be paid as an active political subdivision
employee, including any adjustments the member would have
received if not on leave of absence. This payment may be made
only to a person whose basic active duty military salary is less
than the salary the person would be paid as an active political
subdivision employee. Back pay authorized by this section may
be paid in a lump sum. Payment under this section must not
extend beyond four years from the date the employee reported for
active service, plus any additional time the employee may be
legally required to serve.
(b) Subject to the limits under paragraph (g), each school
district shall pay to each eligible member of the National Guard
or other reserve component of the armed forces of the United
States an amount equal to the difference between the member's
basic active duty military salary and the salary the member
would be paid as an active school district employee, including
any adjustments the member would have received if not on leave
of absence. The pay differential must be based on a comparison
between the member's daily rate of active duty pay, calculated
by dividing the member's military monthly salary by the number
of paid days in the month, and the member's daily rate of pay
for the member's school district salary, calculated by dividing
the member's total school district salary by the number of
contract days. The member's salary as a school district
employee must include the member's basic salary and any
additional salary the member earns from the school district for
cocurricular activities. The differential payment under this
paragraph must be the difference between the daily rates of
military pay times the number of school district contract days
the member misses because of military active duty. This payment
may be made only to a person whose basic active duty military
salary is less than the salary the person would be paid as an
active school district employee. Payments may be made at the
intervals at which the member received pay as a school district
employee. Payment under this section must not extend beyond
four years from the date the employee reported for active
service, plus any additional time the employee may be legally
required to serve.
(c) An eligible member of the reserve components of the
armed forces of the United States is a reservist or National
Guard member who was an employee of a political subdivision at
the time the member reported for active service on or after May
29, 2003, or who is on active service on May 29, 2003.
(c) (d) Notwithstanding other obligations under law and
except as provided in paragraph (e), a statutory or home rule
charter city, county, town, or other political subdivision has
total discretion regarding employee benefit continuation for a
member who reports for active service and the terms and
conditions of any benefit.
(e) A school district must continue the employee's
enrollment in health and dental coverage, and the employer
contribution toward that coverage, until the employee is covered
by health and dental coverage provided by the armed forces. If
the employee had elected dependent coverage for health or dental
coverage as of the time that the employee reported for active
service, a school district must offer the employee the option to
continue the dependent coverage at the employee's own expense.
A school district must permit the employee to continue
participating in any pretax account in which the employee
participated when the employee reported for active service, to
the extent of employee pay available for that purpose.
(d) (f) For purposes of this section, "active service" has
the meaning given in section 190.05, subdivision 5, but excludes
service performed exclusively for purposes of:
(1) basic combat training, advanced individual training,
annual training, and periodic inactive duty training;
(2) special training periodically made available to reserve
members; and
(3) service performed in accordance with section 190.08,
subdivision 3.
(g) A school district making payments under paragraph (b)
shall place a sum equal to any difference between the amount of
salary that would have been paid to the employee who is
receiving the payments and the amount of salary being paid to
substitutes for that employee into a special fund that must be
used to pay or partially pay the deployed employee's payments
under paragraph (b). A school district is required to pay only
this amount to the deployed school district employee.
Sec. 7. [GLOBAL WAR ON TERRORISM BONUS.]
By January 15, 2005, the commissioner of veterans affairs
shall provide to legislative committees with jurisdiction over
veterans affairs the information needed to implement a Global
War on Terrorism bonus to veterans, including service
eligibility dates, service medals, and a fiscal note.
Sec. 8. [REPEALER.]
Minnesota Statutes 2002, section 124D.97, is repealed.
Sec. 9. [EFFECTIVE DATE.]
This article is effective July 1, 2004.
ARTICLE 2
Section 1. Minnesota Statutes 2002, section 197.03, is
amended to read:
197.03 [STATE SOLDIERS' ASSISTANCE FUND CREATED.]
There is created a state soldiers' assistance fund to aid
and assist any citizen of Minnesota or resident alien residing
in Minnesota who served in the military or naval forces of the
United States, in securing compensation, hospitalization,
medical treatment, insurance or other relief or benefits to
which the server may be entitled from the United States or any
other government or state and for the emergency relief,
hospitalization, treatment and maintenance of all such persons
who were bona fide residents of the state at the time their need
arose and their dependents as provided by sections 196.05 and
197.04 to 197.07.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 2. Minnesota Statutes 2003 Supplement, section
197.05, is amended to read:
197.05 [FUND, HOW EXPENDED.]
(a) The state soldiers' assistance fund shall be
administered by the commissioner of veterans affairs and shall
be used to locate and investigate the facts as to any Minnesota
resident or resident alien residing in Minnesota who served in
the military or naval forces of the United States and who is
indigent or suffering from any disability whether acquired in
the service or not; to assist the person and the person's
dependents as hereinafter provided in establishing and proving
any just claim the person may have against the United States
government, or any other government or state for compensation,
insurance, relief, or other benefits; to provide emergency
hospitalization, treatment, maintenance, and relief for any
person suffering from disability who was a bona fide resident of
the state at the time the need arose and the person's
dependents, as hereinafter provided; and to cooperate with other
state, municipal, and county officials and civic or civilian
agencies or organizations in carrying out the provisions of
sections 197.03 to 197.07. The commissioner shall limit
financial assistance to veterans and dependents to six months,
unless recipients have been certified as ineligible for other
benefit programs.
(b) For purposes of this section, "resident" means a person
living in Minnesota for at least 30 days 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.
(c) The fund is appropriated to be used in the manner
determined by the commissioner of veterans affairs for these
purposes.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 3. Minnesota Statutes 2003 Supplement, section
197.75, subdivision 1, is amended to read:
Subdivision 1. [BENEFITS; ELIGIBILITY.] The commissioner
of veterans affairs shall spend a biennial appropriation for
tuition of veterans, and for tuition, fees, board, room, books
and supplies of the children of veterans who have died as a
result of their service in the armed forces of the United States
as determined by the United States Veterans Administration or
other instrumentality of the United States, in the University of
Minnesota, a state university, a community college, a technical
college, or any other university of higher learning within the
state accredited by the North Central Association of Colleges
and Secondary Schools, a law college approved by the Supreme
Court, a nursing school approved by the state Board of Nursing,
or in a trade, business, or vocational school in the state
approved by the state Department of Education, or in a
theological seminary, for any course which such veteran or child
may elect. Not more than $750 shall be expended for the benefit
of any individual veteran, and not more than $750 in any fiscal
year shall be expended for the benefit of any child under this
section, and the need for the benefit shall be established and
determined by the commissioner of veterans affairs. No child of
any veteran shall make application for the benefits provided in
this section unless the child resided in Minnesota for at least
two years immediately prior to the date of the application.
Children of veterans eligible for benefits according to this
section shall be admitted to state institutions of university
grade free of tuition until they receive a bachelors or
equivalent degree. Payments of benefits shall be made directly
to the institution in which the course of instruction is given
or to the individual on forms prescribed by the commissioner.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 4. Minnesota Statutes 2002, section 197.75,
subdivision 3, is amended to read:
Subd. 3. [PROOF OF ELIGIBILITY.] Approval for benefits
under this section shall require submission of the following
evidence: application, financial statement, proof of military
service, proof of residency and where applicable, a statement
from the United States Veterans Administration that the veteran
has exhausted entitlement to federal educational benefits
through use thereof or that the veteran died of service
connected disabilities. Upon submission of satisfactory proof
of eligibility, benefits shall be provided from the date of
application and notification of approval shall be sent to the
educational institution and applicant.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 5. [REPEALER.]
Minnesota Statutes 2002, sections 197.23, subdivision 2;
197.236, subdivision 4; and 197.59, are repealed.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Presented to the governor May 18, 2004
Signed by the governor May 29, 2004, 1:30 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes