2000 Minnesota Statutes

CHAPTER 196. Department of veterans affairs

     196.01 Created.  

    There is hereby created and established a department of 
 veterans affairs, hereinafter referred to as the department.  

    HIST: 1943 c 420 s 1 

     196.02 Commissioner of veterans affairs. 

    Subdivision 1.    Appointment; qualifications.  The 
 department shall be under the supervision and control of a 
 commissioner of veterans affairs who shall be appointed by the 
 governor under the provisions of section 15.06.  No person shall 
 be eligible to receive appointment as commissioner unless that 
 person has the following qualifications: 

    (1) Residence in the state of Minnesota; 

    (2) Citizenship in the United States; 

    (3) Veteran of the armed forces of the United States as 
 defined in section 197.447. 

    Subd. 2. Repealed, 1991 c 326 s 27 

    Subd. 3. Repealed, 1988 c 699 s 33 

    HIST: 1943 c 420 s 2; 1949 c 739 s 20; 1951 c 713 s 18; 1969 c 
 275 s 1; 1969 c 1129 art 8 s 4; 1977 c 29 s 1; 1977 c 305 s 26; 
 1986 c 444 

     196.021 Deputy commissioners to be appointed; duties. 

    Subdivision 1.    Appointment.  The commissioner shall 
 appoint a deputy commissioner for veteran services as provided 
 in subdivision 2, and the board of directors of the Minnesota 
 veterans homes may appoint a deputy commissioner for veteran 
 health care as provided in section 198.004.  Both deputy 
 commissioners serve in the unclassified service, the deputy for 
 veteran services at the pleasure of the commissioner and the 
 deputy for veteran health care at the pleasure of the board.  
 Both deputies shall be residents of Minnesota, citizens of the 
 United States, and veterans as defined in section 197.447.  

    Subd. 2.    Deputy for veteran services; powers and 
 duties.  The deputy commissioner for veteran services has 
 those powers delegated by the commissioner that have not 
 otherwise been delegated to the deputy commissioner for veteran 
 health care by the commissioner or assigned to that deputy 
 commissioner by law.  A delegation must be in writing, signed by 
 the commissioner, and filed with the secretary of state. 

    HIST: 1988 c 699 s 1 

     196.03 Officers and employees. 

    Except as provided in chapter 198, all officers and 
 employees of the department shall be appointed by the 
 commissioner and they shall perform such duties as may be 
 assigned to them by the commissioner.  

    HIST: 1943 c 420 s 3; 1988 c 699 s 2 

     196.04 Rules.  

    Subdivision 1.    Promulgation.  The commissioner shall 
 adopt reasonable and proper rules to govern the procedure of the 
 divisions of the department and to regulate and provide for the 
 nature and extent of the proofs and evidence and the method of 
 taking and furnishing the same, in order to establish the right 
 to benefits provided for by the law.  Such rules shall become 
 effective when approved by the attorney general and then be 
 filed in the office of the secretary of state.  

    Subd. 2.    Existing rules to govern.  Until modified 
 or repealed by the commissioner, all orders, rules and permits 
 or other privileges issued or granted with respect to any 
 function consolidated hereunder, and in effect at the time of 
 such consolidation, shall continue in effect to the same extent 
 as if such consolidation had not occurred.  

    HIST: 1943 c 420 s 4; 1985 c 248 s 70 

     196.05 Duties of commissioner. 

    Subdivision 1.    General duties.  The commissioner 
 shall: 

    (1) act as the agent of a resident of the state having a 
 claim against the United States for benefits arising out of or 
 by reason of service in the armed forces and prosecute the claim 
 without charge; 

    (2) act as custodian of veterans' bonus records; 

    (3) administer the laws relating to the providing of bronze 
 flag holders at veterans' graves for memorial purposes; 

    (4) administer the laws relating to recreational or rest 
 camps for veterans so far as applicable to state agencies; 

    (5) administer the state soldiers' assistance fund and 
 veterans' relief fund and other funds appropriated for the 
 payment of bonuses or other benefits to veterans or for the 
 rehabilitation of veterans; 

    (6) cooperate with national, state, county, municipal, and 
 private social agencies in securing to veterans and their 
 dependents the benefits provided by national, state, and county 
 laws, municipal ordinances, or public and private social 
 agencies; 

    (7) provide necessary assistance where other adequate aid 
 is not available to the dependent family of a veteran while the 
 veteran is hospitalized and after the veteran is released for as 
 long a period as is necessary as determined by the commissioner; 

    (8) act as the guardian, conservator, or representative 
 payee of the estate for a minor or an incompetent person 
 receiving money from the United States government when requested 
 to do so by an agency of the United States of America provided 
 sufficient personnel are available; 

    (9) cooperate with United States governmental agencies 
 providing compensation, pensions, insurance, or other benefits 
 provided by federal law, by supplementing the benefits 
 prescribed therein, when conditions in an individual case make 
 it necessary; 

    (10) assist dependent family members of military personnel 
 who are called from reserve status to extended federal active 
 duty during a time of war or national emergency through the 
 state soldiers' assistance fund provided by section 197.03; 

    (11) exercise other powers as may be authorized and 
 necessary to carry out the provisions of this chapter and 
 chapter 197, consistent with that chapter; and 

    (12) provide information, referral, and counseling services 
 to those veterans who may have suffered adverse health 
 conditions as a result of possible exposure to chemical agents. 

    Subd. 2.    Mission; efficiency.  It is part of the 
 department's mission that within the department's resources the 
 commissioner shall endeavor to: 

    (1) prevent the waste or unnecessary spending of public 
 money; 

    (2) use innovative fiscal and human resource practices to 
 manage the state's resources and operate the department as 
 efficiently as possible; 

    (3) coordinate the department's activities wherever 
 appropriate with the activities of other governmental agencies; 

    (4) use technology where appropriate to increase agency 
 productivity, improve customer service, increase public access 
 to information about government, and increase public 
 participation in the business of government; 

    (5) utilize constructive and cooperative labor-management 
 practices to the extent otherwise required by chapters 43A and 
 179A; 

    (6) report to the legislature on the performance of agency 
 operations and the accomplishment of agency goals in the 
 agency's biennial budget according to section 16A.10, 
 subdivision 1; and 

    (7) recommend to the legislature appropriate changes in law 
 necessary to carry out the mission and improve the performance 
 of the department. 

    HIST: 1943 c 420 s 5; 1947 c 172 s 1; 1963 c 132 s 1; 1969 c 
 275 s 2; 1980 c 414 s 3; 1986 c 444; 1988 c 699 s 3; 1991 c 123 
 s 1,5; 1995 c 248 art 11 s 15; 1998 c 366 s 61; 2000 c 390 s 1 

     196.051 Guardianship. 

    Subdivision 1.    Appointment of commissioner.  The 
 district court may appoint the commissioner of veterans affairs 
 guardian of the estate of a veteran or dependent for whom the 
 appointment of a guardian is found by the court to be 
 necessary.  When appointed and qualified, the commissioner may 
 act as guardian of the estate.  The district court is not 
 authorized to appoint the commissioner guardian of the person of 
 a veteran.  The word "veteran" as used in this section shall 
 have the same meaning as it is defined in section 197.447.  

    Subd. 2.    Bonding.  Notwithstanding section 525.551 or 
 other law, the commissioner is not required to file a bond when 
 acting as guardian pursuant to authority granted by this section.

    Subd. 3.    Funds.  The commissioner may commingle the 
 funds of persons who are under the commissioner's guardianship 
 pursuant to authority granted by section 196.051.  The 
 commissioner shall keep complete and accurate accounts showing 
 each transaction that occurs with respect to the funds of each 
 person under the commissioner's guardianship.  Money in a 
 guardianship fund is appropriated to the commissioner to carry 
 out the guardianship. 

    Subd. 4.    Fees.  When permitted by the court, the 
 commissioner may charge a fee of up to five percent of the 
 income of the estate of the person under guardianship to cover 
 the expenses of providing the guardianship service. 

    HIST: 1977 c 241 s 1; 1980 c 414 s 4; 1Sp1985 c 13 s 298; 1986 
 c 444; 1993 c 192 s 77; 1995 c 189 s 8; 1996 c 277 s 1 

     196.052 Gift acceptance and investment. 

    On the behalf of the state, the commissioner may accept any 
 gift, grant, bequest, or devise made for the purposes of this 
 chapter and chapter 197.  The commissioner must administer the 
 funds as directed by the donor.  All funds must be deposited in 
 the state treasury and credited to the veterans affairs 
 endowment, bequest, and devises fund.  The balance of the fund 
 is annually appropriated to the commissioner of veterans affairs 
 to accomplish the purposes of this chapter and chapter 197.  
 Funds received by the commissioner under this section in excess 
 of current needs must be invested by the state board of 
 investment in accordance with section 11A.24.  Disbursements 
 from this fund must be in the manner provided for the issuance 
 of other state warrants.  The commissioner may refuse to accept 
 any gift, grant, bequest, or devise if acceptance would not be 
 in the best interest of the state or Minnesota's veterans.  

    HIST: 1983 c 147 s 1; 2000 c 390 s 2 

     196.054 Use of facilities or services by outside 
  agencies. 

    Subdivision 1.    Commissioner's authority.  The 
 commissioner of veterans affairs may allow public or private 
 social service, educational, or rehabilitation agencies or 
 organizations and their clients to use the facilities, staff, 
 and other resources of the department and may require the 
 participating agencies or organizations to pay for that use. 

    Subd. 2.    Appropriation.  There is a veterans affairs 
 resources fund in the state treasury.  All money received by the 
 department pursuant to subdivision 1 must be deposited in the 
 state treasury and credited to the veterans affairs resources 
 fund.  Money from the veterans affairs resources fund is 
 appropriated to the commissioner for operation, maintenance, 
 repair of facilities, associated legal fees, and other related 
 expenses under subdivision 1. 

    HIST: 1986 c 393 s 2; 1993 c 192 s 78 

     196.06 Annual report. 

    Subdivision 1.    To governor.  The commissioner shall 
 make an annual written report to the governor giving: 

    (a) An account of all moneys received and disbursed; 

    (b) A description of the work done; 

    (c) Administrative improvements; 

    (d) Activities of the department; 

    (e) The number of veterans who have, during the past year, 
 received relief in any form; 

    (f) The number of veterans on relief rolls; 

    (g) The number of claims presented on behalf of veterans, 
 and the disposition thereof; 

    (h) The recommendations the commissioner may deem necessary 
 for the active performance of the duties and purposes of the 
 department. 

    Subd. 2. Repealed, 1996 c 310 s 1 

    HIST: 1943 c 420 s 6; 1969 c 275 s 3; 1986 c 444 

     196.07 Technical staff.  

    The commissioner's technical staff shall have the same 
 qualifications as enumerated for the commissioner in section 
 196.02.  

    HIST: 1943 c 420 s 7 

     196.08 Files and records confidential.  

    The contents of, and all files, records, reports, papers 
 and documents pertaining to, any claim for the benefits of Laws 
 1943, chapter 420, whether pending or adjudicated, shall be 
 deemed confidential and privileged and no disclosure thereof 
 shall be made, without the consent in writing of the claimant 
 who has not been adjudicated incompetent, except as follows: 

    (a) To said claimant personally, a duly appointed guardian, 
 an attorney in fact, or a duly authorized representative, and as 
 to personal matters, when, in the judgment of the commissioner, 
 such disclosure would not be injurious to the physical or mental 
 health of the claimant.  

    (b) To the representatives of veterans' organizations 
 recognized by the United States government, not exceeding five 
 from each such veterans' organizations, and when such 
 representatives have been duly certified as such by the state 
 department of any such veterans' organizations in the state of 
 Minnesota.  

    (c) In any court in the state of Minnesota which has 
 jurisdiction of the parties to, and subject matter of, an action 
 or proceeding therein pending, as found by said court, when 
 required to be produced by the process of such court, and then 
 only in open court, as evidence, in such action or proceeding 
 after a judge thereof shall have ruled the same to be relevant 
 and competent evidence in such action or proceeding according to 
 the laws and statutes of said state.  

    HIST: 1943 c 420 s 8; 1986 c 444 

  196.09 Repealed, 1969 c 275 s 12 

  196.10 Repealed, 1996 c 310 s 1 

  196.11 Repealed, 1996 c 310 s 1 

  196.12 Repealed, 1969 c 275 s 12 

  196.13 Repealed, 1969 c 275 s 12 

  196.14 Repealed, 1996 c 310 s 1 

  196.15 Repealed, 1996 c 310 s 1 

  196.16 Repealed, 1969 c 275 s 12 

  196.17 Obsolete 

     196.18 Veterans affairs; uncompensated and voluntary 
  services; expenses. 

    To assist in the discharge of the functions of the 
 department, the commissioner of veterans affairs may accept 
 uncompensated and voluntary services and enter into written 
 agreements with private or public agencies or persons for 
 uncompensated and voluntary services as may be practical.  
 Persons rendering voluntary uncompensated services may be 
 reimbursed for travel expenses incurred in the performance of 
 official duties at the same rate per mile as state employees.  

    HIST: 1980 c 414 s 1 

     196.19 Environmental Hazards Information and Assistance 
  Act; citation. 

    Sections 196.19 to 196.26 may be cited as the 
 "Environmental Hazards Information and Assistance Act." 

    HIST: 1982 c 513 s 1; 2000 c 390 s 3 

  196.20 Repealed, 2000 c 390 s 16 

     196.21 Definitions. 

    Subdivision 1.    Scope.  For the purposes of sections 
 196.19 to 196.26 the following terms have the meanings given 
 them. 

    Subd. 2.    Veteran.  "Veteran" means a person who is a 
 resident of this state and who served in the armed forces of the 
 United States of America.  

    Subd. 3.    Chemical agents.  "Chemical agents" means 
 Agent Orange and any other identified or unidentified chemical 
 substance or compounds suspected by medical experts of adversely 
 affecting the physical, mental, or emotional health of members 
 of the armed forces.  

    Subd. 4.    Agent orange.  "Agent Orange" means any 
 herbicide, defoliant, or pesticide containing dioxin and 
 composed primarily of trichlorophenoxyacetic acid and 
 dichlorophenoxyacetic acid.  

    Subd. 5.    Commissioner.  "Commissioner" means the 
 commissioner of veterans affairs.  

    HIST: 1982 c 513 s 3; 2000 c 390 s 4-6 

     196.22 Powers and duties of the commissioner. 

    Subdivision 1.    Environmental hazards information and 
 assistance program.  The commissioner shall establish and 
 maintain an environmental hazards information and assistance 
 program.  The commissioner shall:  

    (1) provide information regarding epidemiological, genetic, 
 and other scientific studies proposed, underway, or completed 
 that pertain to adverse health conditions which may be 
 associated with exposure to chemical agents; 

    (2) monitor and report on the activities and policies of 
 the United States government relating to the exposure of 
 veterans to chemical agents; and 

    (3) respond, within the commissioner's powers and duties 
 under this chapter and chapter 197, to other issues of concern 
 to veterans relating to exposure to chemical agents.  

    Subd. 2.    Referral programs.  The commissioner, in 
 cooperation with the United States Veterans Administration, 
 county veterans service officers, and veterans organizations 
 shall institute referral programs to:  

    (1) refer veterans to appropriate federal agencies or other 
 available resources for treatment of adverse health conditions 
 which may have resulted from possible exposure to chemical 
 agents; and 

    (2) refer veterans to state, county, or veterans 
 organizations advocacy services to assist them in filing 
 compensation claims for disabilities that may have resulted from 
 possible exposure to chemical agents. 

    Subd. 3.    Limited studies.  The commissioner may 
 contract for limited studies regarding the prevalence of adverse 
 health conditions in veterans which may be associated with 
 possible exposure to chemical agents.  Prior to contracting for 
 such studies, the commissioner shall consult with the 
 commissioner of health, the University of Minnesota school of 
 public health, and other appropriate scientific and technical 
 advisors pertaining to their design. 

    Subd. 4. Repealed, 1997 c 7 art 2 s 67 

    Subd. 5.    Communication of veterans concerns.  Within 
 the commissioner's powers and duties under chapters 196 and 197, 
 the commissioner shall take any action appropriate to represent 
 to appropriate officials and representatives of the United 
 States government the concerns of veterans related to exposure 
 to chemical agents. 

    HIST: 1982 c 513 s 4; 1986 c 444; 2000 c 390 s 7 

     196.23 Environmental hazards information and assistance 
  section. 

    Subdivision 1.    Establishment of section.  The 
 commissioner shall establish an environmental hazards 
 information and assistance section in the department of veterans 
 affairs.  The section shall be headed by a director.  The 
 commissioner shall provide the director with office space, 
 administrative services, and clerical support.  

    Subd. 2.    Position of director.  The director of the 
 environmental hazards information and assistance section shall 
 be appointed by the commissioner.  The director shall assist the 
 commissioner in carrying out the duties and responsibilities 
 required under sections 196.19 to 196.26.  The commissioner of 
 employee relations, in consultation with the commissioner, shall 
 establish minimum qualifications for the position of director.  
 In setting the minimum qualifications, the commissioner of 
 employee relations shall consider the scientific and technical 
 background necessary to perform the duties under sections 196.19 
 to 196.26. 

    HIST: 1982 c 513 s 5; 1991 c 238 art 1 s 9; 2000 c 390 s 8 

     196.24 Duties of the commissioner of health. 

    Subdivision 1.    Information to health professionals.  
 The commissioner of health shall provide medical information to 
 health professionals in this state regarding the detection, 
 diagnosis, and treatment of acute and chronic symptoms which may 
 be associated with exposure to chemical agents.  

    Subd. 2.    Genetic information and counseling.  The 
 commissioner of health, in cooperation with the health 
 facilities of the University of Minnesota, shall provide genetic 
 information and counseling to veterans who have concerns 
 regarding the possible genetic effects which may be associated 
 with exposure to chemical agents.  

    Subd. 3.    Technical assistance.  The commissioner of 
 health shall provide scientific information and other 
 appropriate technical assistance necessary to enable the 
 commissioner to perform the duties and responsibilities required 
 under sections 196.19 to 196.26.  

    HIST: 1982 c 513 s 6; 2000 c 390 s 9,10 

     196.25 Confidentiality. 

    The identity of a veteran about whom information has been 
 received under sections 196.19 to 196.26 is classified as 
 private data pursuant to section 13.02, subdivision 12, and may 
 not be disclosed unless the veteran consents to the disclosure.  
 Summary data, as defined in section 13.02, subdivision 19, 
 derived from information received under sections 196.19 to 
 196.26 is public information. 

    HIST: 1981 c 311 s 39; 1982 c 513 s 7; 1982 c 545 s 24 

     196.26 Class action representation by attorney general. 

    The commissioner may request the attorney general to 
 represent a class of individuals composed of veterans who may 
 have suffered adverse health conditions as a result of possible 
 exposure to chemical agents in a suit for release of information 
 relating to exposure to these chemicals during military service 
 and for release of individual medical records.  

    HIST: 1982 c 513 s 8; 2000 c 390 s 11 

  196.27 Repealed, 2000 c 390 s 16