1998 Minnesota Statutes

     197.236 Veterans cemetery. 

    Subdivision 1.    Advisory council; purpose.  The 
 veterans cemetery advisory council is established for the 
 purpose of managing the fundraising for the veterans cemetery 
 trust account established in subdivision 7.  The council 
 consists of seven members appointed by and serving at the 
 pleasure of the governor.  Members serve without per diem and 
 without reimbursement for expenses.  The council and the terms 
 of members expire December 31, 1996. 

    Subd. 2.    Membership.  Members must be persons 
 experienced in policy development, civic and community affairs, 
 forms of public service, or legal work.  At least two members 
 must be veterans.  At least three, but no more than four of the 
 members must be residents of the metropolitan area, as defined 
 in section 473.121, subdivision 2.  No more than four of the 
 members may be of the same gender. 

    Subd. 3.    Operation and maintenance.  The commissioner 
 of veterans affairs shall supervise and control the veterans 
 cemetery established under this section.  The commissioner may 
 contract for the maintenance and operation of the cemetery.  All 
 personnel, equipment, and support necessary for maintenance and 
 operation of the cemetery must be included in the department's 
 budget. 

    Subd. 4.    Acquisition of property.  By August 1, 1994, 
 or as soon thereafter as practicable, the department of veterans 
 affairs shall receive by gift and establish ownership of the 
 site of approximately 36 acres adjacent to Camp Ripley in 
 Morrison county that has been prepared for the purpose of a 
 state veterans cemetery by the Minnesota state veterans cemetery 
 association.  Prior to the acquisition of this land, the 
 department must obtain the approval of the Morrison county 
 board.  The department may also receive any equipment and 
 materials granted to the state or any of its political 
 subdivisions for this purpose. 

    Subd. 5.    Rules.  The commissioner of veterans affairs 
 may adopt rules regarding the operation of the cemetery.  If 
 practicable, the commissioner shall require that upright granite 
 markers be used to mark all gravesites.  

    Subd. 6.    Permanent development and maintenance account. 
  A veterans cemetery development and maintenance account is 
 established in the special revenue fund of the state treasury.  
 Receipts for burial fees, earnings from the veterans cemetery 
 trust account, designated appropriations, and any other cemetery 
 receipts must be deposited into this account.  The money in the 
 account, including interest earned, is appropriated to the 
 commissioner to be used for the development, operation, 
 maintenance, and improvement of the cemetery.  To the extent 
 practicable, the commissioner of veterans affairs must apply for 
 available federal grants for the development and operation of 
 the cemetery. 

    Subd. 7.    Permanent trust account.  A veterans 
 cemetery trust account is established in the special revenue 
 fund of the state treasury.  All designated appropriations and 
 monetary donations to the cemetery must be placed in this 
 account.  The principal of this account must be invested by the 
 state board of investment and may not be spent.  The income from 
 this account must be transferred as directed by the account 
 manager to the veterans cemetery development and maintenance 
 account. 

    Subd. 8.    Eligibility.  Any person who is eligible for 
 burial in a national veterans cemetery is eligible for burial in 
 the state veterans cemetery. 

    Subd. 9.    Burial fees.  The commissioner of veterans 
 affairs shall establish a fee schedule, which may be adjusted 
 from time to time, for the interment of eligible family 
 members.  The fees shall cover as nearly as practicable the 
 actual costs of interment, excluding the value of the plot.  The 
 department may accept the social security burial allowance, if 
 any, of the eligible family members in an amount not to exceed 
 the actual cost of the interment.  The commissioner may waive 
 the fee in the case of an indigent eligible person. 

    No plot or interment fees may be charged for the burial of 
 eligible veterans, members of the National Guard, or military 
 reservists, except that funds available from the social security 
 or veterans burial allowances, if any, must be paid to the 
 commissioner in an amount not to exceed the actual cost of the 
 interment, excluding the value of the plot. 

    Prior to the interment of an eligible person, the 
 commissioner shall request the cooperation of the eligible 
 person's next of kin in applying to the appropriate federal 
 agencies for payment to the cemetery of any allowable interment 
 allowance. 

    Subd. 10.    Allocation of plots.  A person, or survivor 
 of a person, eligible for interment in the state veterans 
 cemetery may apply for a burial plot for the eligible person by 
 submitting a request to the commissioner of veterans affairs on 
 a form supplied by the department.  The department shall allot 
 plots on a first-come, first-served basis.  To the extent that 
 it is practical, plots must be allocated in a manner permitting 
 the burial of eligible family members above, below, or adjacent 
 to the eligible veteran, member of the National Guard, or 
 military reservist. 

    HIST: 1994 c 632 art 3 s 53