2000 Minnesota Statutes

CHAPTER 197. Veterans; rewards, privileges

  197.01 Repealed, 2000 c 390 s 16 

  197.02 Repealed, 2000 c 390 s 16 

     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. 

    HIST: (4601) 1923 c 436 s 3; 1929 c 327; 1984 c 609 s 14; 1986 
 c 444; 1991 c 123 s 2 

     197.04 Composition of fund. 

    The state soldiers' assistance fund shall consist of all 
 sums paid to or received by the commissioner of veterans affairs 
 under the provisions of sections 197.03 to 197.07 and of any and 
 all moneys and properties that may be appropriated, donated, 
 given, bequeathed, or devised to the state soldiers' assistance 
 fund or to the commissioner of veterans affairs for the benefit 
 of the fund.  

    HIST: (4602) 1923 c 436 s 4; 1929 c 327; 1991 c 123 s 5; 2000 
 c 390 s 12 

     197.05 Fund, how expended. 

    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 citizen of Minnesota 
 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. 

    The fund is appropriated to be used in the manner 
 determined by the commissioner of veterans affairs for these 
 purposes. 

    HIST: (4603) 1923 c 436 s 5; 1929 c 327; 1984 c 609 s 15; 1986 
 c 444; 1991 c 123 s 5; 1995 c 254 art 1 s 72; 2000 c 390 s 13 

     197.06 Soldiers' assistance agent. 

    The commissioner of veterans affairs shall have charge of 
 activities as provided in this section, and may employ 
 assistants and incur other expenses as may be necessary for the 
 administration of the state soldiers' assistance fund and 
 carrying out the provisions of sections 197.03 to 197.07.  No 
 expense shall be incurred under the provisions of sections 
 197.03 to 197.07 in excess of the moneys available to the state 
 soldiers' assistance fund.  

    The duties and powers of the commissioner of veterans 
 affairs, in addition to those provided elsewhere by law, shall 
 be to: 

    (1) administer the state soldiers' assistance fund; 

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

    (3) establish and provide assistance to former soldiers and 
 their dependents who are in need of assistance with optical, 
 dental, or other emergency medical needs; and 

    (4) cooperate with United States government agencies 
 providing compensation, pensions, insurance or other benefits 
 provided by federal law, by supplementing the benefits 
 prescribed by federal law, when exceptional conditions in an 
 individual case make it necessary. 

    HIST: (4604) 1923 c 436 s 6; 1925 c 88; 1929 c 327; 1980 c 414 
 s 5; 1986 c 444; 1991 c 123 s 5; 2000 c 390 s 14 

     197.07 Soldiers' assistance fund deposited in state 
  treasury.  

    The soldiers' assistance fund shall be deposited in the 
 state treasury and paid out only in such vouchers as may be 
 authorized and approved by the commissioner of veterans affairs 
 in the same manner and under the same restrictions as are now 
 provided by law for the disbursement of funds by the 
 commissioner.  

    HIST: (4605) 1923 c 436 s 7; 1986 c 444; 1991 c 123 s 5 

  197.09 Repealed, 1983 c 335 s 3 

  197.10 Repealed, 1983 c 335 s 3 

  197.11 Repealed, 1983 c 335 s 3 

  197.12 Obsolete 

  197.13 Repealed, 1985 c 152 s 5 

     197.131 Board of governors of Big Island Veterans Camp. 

    Subdivision 1.    Creation and membership.  The board of 
 governors of the Big Island Veterans Camp - Lake Minnetonka 
 supervises and manages the camp.  The board consists of eight 
 members.  Two members each are appointed by the state level 
 organization of the American Legion, the Disabled American 
 Veterans, the Military Order of the Purple Heart, and the 
 Veterans of Foreign Wars provided that at least two appointees 
 are Vietnam veterans.  The commissioner of veterans affairs or 
 the commissioner's designee may attend and participate in an 
 advisory capacity at any of the board meetings.  The term of 
 each member of the board is two years or until the appointment 
 and qualification of a successor.  The board selects a chair and 
 secretary from its membership who serve terms of one year. 

    Subd. 2.    Vacancies and removal.  A member of the 
 board may be removed at any time by the organization appointing 
 that member.  Also, by written notice to the appointing 
 organization, the board may remove the member if the member has 
 been absent for three consecutive meetings of the board.  To 
 remove a member, the board must notify in writing the appointing 
 organization and the member after the second consecutive missed 
 meeting that the member may be removed if the next meeting is 
 missed.  Any vacancy on the board is filled for the remainder of 
 the unexpired term in the same manner as the original 
 appointment. 

    HIST: 1985 c 152 s 1; 1Sp1985 c 16 art 2 s 4; 1986 c 444 

     197.132 Powers and duties. 

    The board of governors of the Big Island Veterans Camp - 
 Lake Minnetonka establishes policies for the proper management 
 of the camp.  The board may contract for services needed to 
 operate the camp including the services of a manager, may hire 
 employees, and may make other expenditures for the procurement 
 of materials, services, or equipment necessary for the operation 
 of the camp.  Expenditures are made upon the approval of the 
 chair.  The board must prepare an annual report detailing a 
 complete report of financial transactions, usage levels, and 
 other activities regarding the management and operation of the 
 camp.  Copies of the annual reports must be submitted to each 
 appointing organization and to the commissioner of veterans 
 affairs.  The board may accept donations, contributions, gifts, 
 and bequests of real or personal property that may be made for 
 the maintenance or operation of the camp. 

    The board shall make the camp available to veterans using 
 the following priorities: 

    (1) qualified disabled veterans and their dependents; 

    (2) qualified veterans, their dependents, and surviving 
 spouses of qualified veterans who were campers prior to the deed 
 transfer; and 

    (3) qualified veterans, their dependents, and surviving 
 spouses of qualified veterans. 

    The camp must be operated as a family camp for the rest and 
 relaxation of veterans and their dependents rather than as a 
 program-oriented camp. 

    The board must publicize the camp to the greatest extent 
 possible to make the camp's facilities known to Minnesota 
 veterans. 

    The board is not a state agency.  The board shall purchase 
 liability and related insurance sufficient to indemnify the 
 state against all claims arising from the conduct or management 
 of the activities conducted by the board, its agents, or 
 contractors. 

    HIST: 1985 c 152 s 2; 1986 c 444 

     197.133 Disposal of property and expiration of the board 
  of governors. 

    If a majority of the board determines that the disposal of 
 the camp or a portion of the camp is in the best interests of 
 Minnesota veterans, or if the camp is not used solely as a camp 
 for and by disabled and other veterans and their families and 
 operated and maintained in compliance with all state, federal, 
 and local laws, the board may dispose of the property at market 
 value as provided in this section.  Before disposing of the 
 property, the board shall give notice by certified mail to the 
 commissioner of veterans affairs of its decision to dispose of 
 the property.  The commissioner shall publish the notice in the 
 State Register.  Interested governmental agencies have until the 
 end of the next legislative session after the notice to 
 appropriate money to purchase the property. 

    Proceeds realized from the disposal of the property and any 
 assets on hand at the time of the disposal of the property, must 
 be placed in an irrevocable trust to be used for the initiation 
 or maintenance of veterans programs in the state of Minnesota. 
 Trustees must be appointed in the same manner as provided for 
 under section 197.131.  The trustees shall consult with the 
 commissioner of veterans affairs to determine the needs of 
 Minnesota veterans and provide the commissioner with an annual 
 written report on the trust.  The commissioner must approve all 
 expenditures from the trust.  A certified audit of all assets, 
 expenditures, and property must be conducted prior to any 
 disposition of any assets under the control of the board.  Any 
 board member who would benefit directly or indirectly 
 financially from the sale of this property must be removed by 
 the board and a successor appointed as provided by section 
 197.131.  Upon final disposition of all assets to the trust, the 
 board must disband.  Should the assets of the trust be 
 exhausted, the trust must be terminated. 

    HIST: 1985 c 152 s 3; 1997 c 7 art 2 s 26 

  197.14 Repealed, 1976 c 149 s 63 

  197.15 Repealed, 1985 c 152 s 5 

  197.16 Repealed, 1985 c 152 s 5 

  197.17 Repealed, 1985 c 152 s 5 

  197.18 Repealed, 1985 c 152 s 5 

  197.19 Repealed, 1985 c 152 s 5 

  197.20 Repealed, 1969 c 275 s 12 

  197.21 Repealed, 1969 c 275 s 12 

  197.211 Repealed, 1969 c 275 s 12 

  197.22 Repealed, 1969 c 275 s 12 

     197.23 Purchase of grave markers. 

    Subdivision 1.    Authorization.  The commissioner of 
 veterans affairs may provide, within available funds and upon 
 request of a county veterans service officer or any 
 congressionally chartered veterans organization, an appropriate 
 marker for the grave of any veteran as defined under section 
 197.447.  Any marker provided must be used for memorial purposes 
 to permanently mark the grave of a veteran buried within the 
 limits of the state.  

    Subd. 2.    Account for marker purchase.  An account 
 must be created by the department of finance under the control 
 of the commissioner of veterans affairs that must be used to 
 purchase markers.  The commissioner shall provide the available 
 funds for each county in the ratio of the number of markers 
 placed in the county to the total number of markers placed in 
 approximately the same ratio as funds that may be received from 
 that county to the total amount of funds.  The funds of each 
 county includes the county government and any donations from 
 organizations and individuals that are headquartered or resident 
 in the county.  

    HIST: (4373) 1909 c 299 s 1; 1931 c 363 s 4; 1969 c 275 s 6; 
 3Sp1981 c 2 art 1 s 28; 1983 c 147 s 2 

  197.235 Repealed, 1994 c 632 art 3 s 65 

     197.236 Veterans cemetery. 

    Subdivision 1. Repealed, 1999 c 86 art 2 s 6 

    Subd. 2. Repealed, 1999 c 86 art 2 s 6 

    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 

  197.24 Repealed, 1969 c 275 s 12 

  197.25-197.30 Obsolete 

  197.31 Repealed, 1965 c 47 s 1 

  197.32 Repealed, 1965 c 47 s 1 

  197.33 Repealed, 1965 c 47 s 1 

  197.34 Repealed, 1965 c 47 s 1 

  197.35 Repealed, 1965 c 47 s 1 

  197.36 Repealed, 1965 c 47 s 1 

  197.37 Repealed, 1965 c 47 s 1 

  197.38 Repealed, 1965 c 47 s 1 

  197.39 Repealed, 1965 c 45 s 73 

  197.40 Repealed, 1965 c 45 s 73 

  197.41 Repealed, 1965 c 45 s 73 

  197.42 Repealed, 1961 c 561 s 17 

  197.43 Repealed, 1961 c 561 s 17 

  197.44 Repealed, 1961 c 561 s 17 

     197.447 Veteran, defined. 

    The word "veteran" as used in Minnesota Statutes, except in 
 sections 136F.28, 196.21, and 243.251, means a citizen of the 
 United States or a resident alien who has been separated under 
 honorable conditions from any branch of the armed forces of the 
 United States after having served on active duty for 181 
 consecutive days or by reason of disability incurred while 
 serving on active duty, or who has met the minimum active duty 
 requirement as defined by Code of Federal Regulations, title 38, 
 section 3.12a, or who has active military service certified 
 under section 401, Public Law Number 95-202.  The active 
 military service must be certified by the United States 
 Secretary of Defense as active military service and a discharge 
 under honorable conditions must be issued by the Secretary. 

    HIST: 1955 c 4 s 1; 1967 c 222 s 1; 1969 c 275 s 7; 1971 c 24 
 s 15; 1977 c 40 s 2; 1982 c 511 s 33; 1984 c 468 s 2; 1984 c 609 
 s 16; 1990 c 444 s 1; 1992 c 410 s 1; 1996 c 305 art 1 s 53; 
 1997 c 7 art 1 s 89 

  197.45 Repealed, 1975 c 45 s 7 

     197.455 State law applicable.  

    The provisions of section 43A.11 granting preference to 
 veterans in the state civil service shall also govern preference 
 of a veteran under the civil service laws, charter provisions, 
 ordinances, rules or regulations of a county, city, town, school 
 district, or other municipality or political subdivision of this 
 state, except that a notice of rejection stating the reasons for 
 rejection of a qualified veteran shall be filed with the 
 appropriate local personnel officer.  Any provision in a law, 
 charter, ordinance, rule or regulation contrary to the 
 applicable provisions of section 43A.11 is void to the extent of 
 such inconsistency.  Sections 197.46 to 197.48 shall not apply 
 to state civil service.  

    HIST: 1975 c 45 s 4; 1981 c 210 s 54 

     197.46 Veterans Preference Act; removal forbidden; right 
  of mandamus.  

    Any person whose rights may be in any way prejudiced 
 contrary to any of the provisions of this section, shall be 
 entitled to a writ of mandamus to remedy the wrong.  No person 
 holding a position by appointment or employment in the several 
 counties, cities, towns, school districts and all other 
 political subdivisions in the state, who is a veteran separated 
 from the military service under honorable conditions, shall be 
 removed from such position or employment except for incompetency 
 or misconduct shown after a hearing, upon due notice, upon 
 stated charges, in writing.  

    Any veteran who has been notified of the intent to 
 discharge the veteran from an appointed position or employment 
 pursuant to this section shall be notified in writing of such 
 intent to discharge and of the veteran's right to request a 
 hearing within 60 days of receipt of the notice of intent to 
 discharge.  The failure of a veteran to request a hearing within 
 the provided 60-day period shall constitute a waiver of the 
 right to a hearing.  Such failure shall also waive all other 
 available legal remedies for reinstatement.  

    Request for a hearing concerning such a discharge shall be 
 made in writing and submitted by mail or personal service to the 
 employment office of the concerned employer or other appropriate 
 office or person.  

    In all governmental subdivisions having an established 
 civil service board or commission, or merit system authority, 
 such hearing for removal or discharge shall be held before such 
 civil service board or commission or merit system authority.  
 Where no such civil service board or commission or merit system 
 authority exists, such hearing shall be held by a board of three 
 persons appointed as follows:  one by the governmental 
 subdivision, one by the veteran, and the third by the two so 
 selected.  In the event the two persons so selected do not 
 appoint the third person within ten days after the appointment 
 of the last of the two, then the judge of the district court of 
 the county wherein the proceeding is pending, or if there be 
 more than one judge in said county then any judge in chambers, 
 shall have jurisdiction to appoint, and upon application of 
 either or both of the two so selected shall appoint, the third 
 person to the board and the person so appointed by the judge 
 with the two first selected shall constitute the board.  The 
 veteran may appeal from the decision of the board upon the 
 charges to the district court by causing written notice of 
 appeal, stating the grounds thereof, to be served upon the 
 governmental subdivision or officer making the charges within 15 
 days after notice of the decision and by filing the original 
 notice of appeal with proof of service thereof in the office of 
 the court administrator of the district court within ten days 
 after service thereof.  Nothing in section 197.455 or this 
 section shall be construed to apply to the position of private 
 secretary, teacher, superintendent of schools, or one chief 
 deputy of any elected official or head of a department, or to 
 any person holding a strictly confidential relation to the 
 appointing officer.  The burden of establishing such 
 relationship shall be upon the appointing officer in all 
 proceedings and actions relating thereto. 

    All officers, boards, commissions, and employees shall 
 conform to, comply with, and aid in all proper ways in carrying 
 into effect the provisions of section 197.455 and this section 
 notwithstanding any laws, charter provisions, ordinances or 
 rules to the contrary.  Any willful violation of such sections 
 by officers, officials, or employees is a misdemeanor. 

    HIST: (4369) 1907 c 263 s 2; 1917 c 499 s 1; 1919 c 14 s 1; 
 1919 c 192 s 2; 1937 c 121; Ex1937 c 6 s 2; 1943 c 230 s 2; 1945 
 c 502 s 2; 1961 c 566 s 1; 1974 c 549 s 1; 1975 c 45 s 5; 1986 c 
 444; 1Sp1986 c 3 art 1 s 82 

  197.47 Repealed, 1975 c 45 s 7 

     197.48 Application. 

    No provision of any subsequent act relating to any such 
 appointment, employment, promotion, or removal shall be 
 construed as inconsistent herewith or with any provision of 
 sections 197.455 and 197.46 unless and except only so far as 
 expressly provided in such subsequent act that the provisions of 
 these sections shall not be applicable or shall be superseded, 
 modified, amended, or repealed.  Every city charter provision 
 hereafter adopted which is inconsistent herewith or with any 
 provision of these sections shall be void to the extent of such 
 inconsistency. 

    HIST: (4369-2) 1931 c 347 s 2; 1Sp1981 c 4 art 1 s 19 

     197.481 Enforcement. 

    Subdivision 1.    Petition.  A veteran who has been 
 denied rights by the state or any political subdivision, 
 municipality, or other public agency of the state under sections 
 43A.11, 197.46, 197.48 or 197.455 may petition the commissioner 
 of veterans affairs for an order directing the agency to grant 
 the veteran such relief the commissioner finds justified by said 
 statutes. 

    The petition shall contain: 

    (1) The name, address and acknowledged signature of the 
 veteran. 

    (2) The names and addresses of all agencies and persons 
 that will be directly affected if the petition is granted. 

    (3) A concise statement of the facts giving rise to the 
 veteran's rights and a concise statement showing the manner in 
 which rights were denied. 

    (4) A statement of the relief requested. 

    Subd. 2.    Service.  Upon receipt of a petition 
 herein, the commissioner shall serve a copy of same, by 
 certified mail, on all agencies and persons named therein and on 
 such other agencies or persons as in the judgment of the 
 commissioner should in justice be parties to the proceeding.  
 The veteran and all agencies and persons served shall be parties 
 to the proceeding. 

    Subd. 3.    Subpoenas.  The commissioner shall have 
 free access to relevant records of all parties and may issue 
 subpoenas for and compel the attendance of witnesses and the 
 giving of testimony and the production of books, records, 
 accounts, documents and papers; and may administer oaths to 
 witnesses.  If any person shall fail or refuse to appear or 
 testify regarding that upon which the person may be lawfully 
 interrogated, or produce any books, records, accounts, documents 
 or papers relevant in the matter under consideration, after 
 having been lawfully required by subpoena, any judge of the 
 district court in any county of the state where the subpoena was 
 made returnable, on application of the commissioner, shall 
 compel obedience or punish disobedience as for contempt as in 
 the case of disobedience of a similar subpoena issued by such 
 court. 

    Subd. 4.    Hearing.  The commissioner shall hold a 
 hearing on the petition of any party within 20 days of serving, 
 or being served with the petition.  The veteran may demand an 
 opportunity to be heard at a time set by the commissioner.  A 
 party who fails to demand such hearing within 20 days shall be 
 heard only by permission of the commissioner, except that if any 
 party demands to be heard all parties shall have the right to be 
 heard.  A hearing hereunder shall be conducted and orders issued 
 in accord with sections 14.57 to 14.60 and 14.62, at the office 
 of the commissioner or at a place the commissioner designates. 
 The commissioner shall notify all parties, by mail, of the time 
 and place of the hearing. 

    Subd. 5.    Personnel.  The commissioner may appoint a 
 hearing officer to act in the commissioner's place and to employ 
 such other personnel as are necessary to investigate facts in 
 cases brought under this section.  The affected political 
 subdivision must bear all costs incurred by the commissioner 
 under this section. 

    Subd. 6.    Appeals.  Appeals of orders issued under 
 this section shall be in accordance with chapter 14.  

    Subd. 7.    Representation.  If a veteran receives a 
 favorable decision hereunder and (a) a party to the proceeding 
 appeals such decision to the district court or (b) if an action 
 attacking the decision is begun, the commissioner shall become a 
 party in such appeal or action and with the aid of the attorney 
 general represent the veteran therein. 

    Subd. 8.   Enforcement.  When a party fails or refuses 
 to comply with a final decision of the commissioner, the 
 commissioner may commence an action in Ramsey county district 
 court requesting the court to order the party to comply with the 
 order of the commissioner.  If the commissioner has ordered an 
 award of damages and if the court sustains or modifies the 
 award, it shall enter judgment on the order or modified order in 
 the same manner as in the case of an order of the district 
 court, as provided in section 546.27. 

    HIST: 1973 c 570 s 1 subds 1-7; 1975 c 45 s 6; 1978 c 674 s 
 60; 1978 c 682 s 1,2; 1981 c 210 s 54; 1982 c 424 s 130; 1983 c 
 247 s 82; 1986 c 444; 1987 c 404 s 154 

  197.49 Repealed, 2000 c 390 s 16 

  197.50 Repealed, 1965 c 45 s 73 

  197.51 Repealed, 1965 c 45 s 73 

  197.52 Repealed, 1965 c 45 s 73 

  197.53 Repealed, 1969 c 275 s 12 

  197.54 Repealed, 1961 c 561 s 17 

     197.55 Quarters for meetings of veterans organizations. 

    The governor of this state, or any other legal custodian of 
 public buildings within the state, shall, when not inconsistent 
 with the public interests, set aside any portion of the public 
 buildings for the use and occupation as quarters and places for 
 holding their stated or special meetings or assemblies, to any 
 post, commandery, camp or association, local or state, of 
 veterans of any war in which the United States has been engaged, 
 which may be organized in the city, town or county in which the 
 building or buildings may be situated.  Upon 20 days' written 
 notice, duly served upon the proper officer or officers of any 
 said organizations, by the governor or any other legal 
 custodian, that the public buildings, rooms, or quarters are 
 required for public use, the same shall be promptly and quietly 
 vacated. 

    HIST: (4382) 1905 c 37 s 1; 1911 c 107 s 1; 1990 c 426 art 1 s 
 24 

     197.56 Use of quarters.  

    Such organization shall have the equal and free use of all 
 such quarters, under such rules and upon such conditions as may 
 be prescribed by the governor or by such custodian.  All 
 reasonable and proper facilities, so far as possible, shall at 
 all times be furnished therein by any local post, commandery, 
 camp, or association, which may occupy the same, for any state 
 or national gathering of war veterans.  

    HIST: (4383) 1905 c 37 s 2; 1985 c 248 s 70 

     197.57 Quarters, how maintained.  

    Such quarters shall be furnished and maintained at the 
 expense of such organizations as may occupy them under the 
 provisions of section 197.55; provided, that if the building in 
 which such quarters are assigned is heated and lighted at public 
 expense, these quarters shall be so heated and lighted without 
 cost to the organizations.  

    HIST: (4384) 1905 c 37 s 3 

     197.58 State to provide space for veteran organizations. 

    The commissioner of administration shall set apart space in 
 the state veterans service building, for the use of 
 congressionally chartered veterans organizations and their 
 auxiliaries, incorporated, or when incorporated, under the laws 
 of the state.  The commissioner shall honor requests for space 
 from the veterans organizations on a first come, first served 
 basis until all available space is occupied.  The commissioner 
 of administration shall give priority to utilizing space in the 
 veterans service building for the department of veterans affairs 
 and veterans organizations and their auxiliaries.  Such space 
 shall be under the charge of the Minnesota state commander of 
 the department of Minnesota of the veteran organization assigned 
 thereto, and such person as the commander may in writing 
 designate, and shall be used for the purpose of keeping therein 
 records, archives, trophies, supplies, and other veteran 
 property of the organization and as its general headquarters 
 office for the department of Minnesota. 

    HIST: (4384-2) 1929 c 434; 1969 c 275 s 8; 1985 c 78 s 1; 1986 
 c 444 

     197.59 Hawking or peddling; exemption from license fees; 
  municipal licensing; penalty for unlawful issuance of license.  

    No license fee or other charge provided by any law of the 
 state shall be required by any veteran for the privilege of 
 hawking or peddling goods and merchandise, not prohibited by law 
 or ordinance, in the county where the veteran has established a 
 bona fide residence, solely upon the veteran's own account.  
 Nothing herein contained prevents any city, or other 
 municipality from levying and collecting such license fees for 
 hawking or peddling within its corporate limits.  Upon 
 application therefor, accompanied by proof of such discharge, to 
 any clerk or other officer authorized to issue such license, the 
 same shall forthwith be granted.  Every such clerk or other 
 officer issuing such license shall ascertain that the applicant 
 is entitled thereto; and any such clerk or other officer issuing 
 a license to any person who is not entitled to receive one under 
 the provisions of this section shall be guilty of a 
 misdemeanor.  Every violation hereof is a misdemeanor, the 
 minimum punishment whereof is a fine of $10.  

    HIST: (4367) RL s 1849; 1907 c 393 s 1; 1917 c 230 s 1; 1919 c 
 415 s 1; 1921 c 434 s 1; 1925 c 236 s 1; 1935 c 281 s 1; 1947 c 
 170 s 1; 1953 c 699 s 7; 1955 c 4 s 2; 1973 c 123 art 5 s 7; 
 1986 c 444 

     197.60 Veterans service officers; appointment; 
  compensation. 

    Subdivision 1.    Appointment; administrative support.  
 The county board of any county except Clay county, or the county 
 boards of any two or more counties acting pursuant to the 
 provisions of section 197.602, shall appoint a veterans service 
 officer 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; and may 
 appoint one or more assistant veterans service officers who 
 shall have the qualifications prescribed in section 197.601. The 
 county board of Clay county may appoint a veterans service 
 officer and assistant veterans service officers as provided in 
 this subdivision.  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 shall be 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. 

    Subd. 2.    Term.  Except as otherwise prescribed in 
 sections 197.60 to 197.606, the term of appointment of a 
 veterans service officer appointed pursuant to this section 
 shall be for four years with the first 12 months of the initial 
 appointment being a probationary period, unless removed for 
 cause upon written charges and after a hearing thereon.  If the 
 board of county commissioners does not intend to reappoint a 
 county veterans service officer who has been certified by the 
 department of veteran affairs, the board shall present written 
 notice to the county veterans service officer, not later than 90 
 days before the termination of the county veterans service 
 officer's term, that it does not intend to reappoint the county 
 veterans service officer.  If written notice is not timely made, 
 the county veterans service officer must automatically be 
 reappointed by the board of county commissioners.  

    Subd. 3.    Compensation.  Except as otherwise 
 prescribed in sections 197.60 to 197.606, the county board shall 
 fix the compensation of the veterans service officer and 
 assistant veterans service officers which shall be paid in the 
 same manner and at the same time as the county officers.  The 
 county board may fix the compensation of the veterans service 
 officer at a level commensurate with other county officials with 
 the same level of responsibility. 

    Subd. 4.    Tax levy.  In each county employing a 
 veterans service officer, the county board may levy a tax 
 annually sufficient to defray the estimated cost of all salaries 
 and expenses necessarily incident to the performance by the 
 veterans service officer of duties during the succeeding year, 
 and to make up any deficiency in the fund raised for that 
 purpose during the preceding year.  The tax so levied may be 
 levied in excess of and over and above all taxing limitations, 
 including, but not restricted to, limitations based upon 
 population or local tax rates. 

    Subd. 5.    Oath.  Every county veterans service 
 officer, before entering upon duties, shall take and subscribe 
 the oath required of public officials. 

    HIST: 1945 c 96 s 1; 1947 c 408 s 1; 1949 c 583 s 1; 1973 c 
 350 s 1-3; 1978 c 625 s 1; 1986 c 444; 1988 c 699 s 4; 1988 c 
 719 art 5 s 84; 1Sp1989 c 1 art 2 s 11; 1991 c 123 s 3,4 

     197.601 Qualifications of veterans service officers. 

    No person shall be appointed a veterans service officer 
 under sections 197.60 to 197.606 without the following 
 qualifications: 

    (1) residence in the state of Minnesota; 

    (2) citizenship in the United States; 

    (3) veteran as defined in section 197.447; 

    (4) education and training for the duties of veterans 
 service officer; 

    (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. 

    HIST: 1945 c 96 s 2; 1953 c 699 s 8; 1955 c 4 s 4; 1977 c 29 s 
 2; 1986 c 444 

     197.602 Joint action by two or more counties.  

    The county boards of two or more contiguous counties may 
 make a written agreement, executed on behalf of the several 
 county boards by the respective chairs and secretaries thereof, 
 whereby the counties may jointly employ a veterans service 
 officer.  The agreement shall specify the compensation to be 
 paid to the veterans service officer, the amount thereof to be 
 paid by each county, the number of days per month to be worked 
 in each county, the percentage of the total amount of 
 compensation to be paid by each county, the amount of travel and 
 other expenses to be paid by each county, and such other terms 
 and conditions as may be agreed upon by the counties.  

    HIST: 1945 c 96 s 3; 1986 c 444 

     197.603 Duties. 

    Subdivision 1.  It shall be the duty of the veterans 
 service officer to aid all residents of the governmental 
 subdivision by which the officer is employed in securing 
 benefits provided by law on account of the service of any person 
 in the armed forces of the United States, from which the person 
 has a discharge other than dishonorable.  The veterans service 
 officer shall aid all veterans who are residents of the 
 governmental subdivision by which the officer is employed, 
 regardless of the nature of discharge, in securing counseling or 
 treatment concerning alcohol and drug dependency and abuse. 

    Subd. 2.  Pursuant to chapter 13 the veterans service 
 officer is the responsible authority with respect to all records 
 in the officer's custody.  The data on clients' applications for 
 assistance is private data on individuals, as defined in section 
 13.02, subdivision 12. 

    HIST: 1945 c 96 s 4; 1973 c 572 s 9; 1978 c 635 s 1; 1981 c 
 311 s 39; 1Sp1981 c 4 art 1 s 13; 1982 c 545 s 24; 1986 c 444 

     197.604 Unlawful to pay fee.  

    Subdivision 1.  It shall be unlawful for any person to pay 
 any veterans service officer or any employee under the officer 
 or for any veterans service officer or employee under the 
 officer to receive any fee directly or indirectly for any 
 service rendered in securing any benefit referred to in section 
 197.603.  

    Subd. 2.  Any person who shall commit an act unlawful under 
 subdivision 1 shall be guilty of a gross misdemeanor. 

    HIST: 1945 c 96 s 5; 1986 c 444 

     197.605 Supervision. 

    Subdivision 1.    Methods of operation.  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.  

    Subd. 2.    Use of agencies to present claims.  Every 
 veterans service officer appointed under sections 197.60 to 
 197.606 shall use the department of veterans affairs or any 
 organization recognized by the United States Veterans 
 Administration, as may be designated by the veteran by power of 
 attorney, in the presentation of claims to the United States 
 Veterans Administration for the benefits referred to in section 
 197.603.  

    Subd. 3.    Rules.  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.  

    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. 

    HIST: 1945 c 96 s 6; 1985 c 248 s 70; 1987 c 61 s 1 

     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 such counties 
 and the department of veterans affairs as herein provided.  

    HIST: 1945 c 96 s 7 

  197.607 Expired 

     197.608 Veterans service office grant program. 

    Subdivision 1.    Grant program.  A veterans service 
 office grant program is established to be administered by the 
 commissioner of veterans affairs consisting of grants to 
 counties to enable them to enhance the effectiveness of their 
 veterans service offices. 

    Subd. 2.    Rule development.  The commissioner of 
 veterans affairs shall consult with the Minnesota association of 
 county veterans service officers in formulating rules to 
 implement the grant program. 

    Subd. 3.    Eligibility.  To be eligible for a grant 
 under this program, a county must: 

    (1) employ a county veterans service officer as authorized 
 by sections 197.60 and 197.606, who is certified to serve in 
 this position by the commissioner of veterans affairs; 

    (2) submit a written plan for the proposed expenditures to 
 enhance the functioning of the county veterans service office in 
 accordance with the program rules; and 

    (3) apply for the grant according to procedures to be 
 established for this program by the commissioner and receive 
 written approval from the commissioner for the grant in advance 
 of making the proposed expenditures. 

    Subd. 4.    Grant application.  (a) A grant application 
 must be submitted to the department of veterans affairs 
 according to procedures to be established by the commissioner.  
 The grant application must include a specific description of the 
 plan for enhancing the operation of the county veterans service 
 office. 

    (b) The commissioner shall approve a grant application only 
 if it meets the criteria for eligibility as established and 
 announced by the commissioner and there are sufficient funds 
 remaining in the grant program to cover the amount of the 
 grant.  The commissioner may request modification of a plan.  If 
 the commissioner rejects a grant application, written reasons 
 for the rejection must be provided to the applicant county and 
 the county may modify the application and resubmit it. 

    Subd. 5.    Qualifying uses.  The commissioner of 
 veterans affairs shall determine whether the plan specified in 
 the grant application will enable the applicant county to 
 enhance the effectiveness of its county veterans office. 

    Notwithstanding subdivision 3, clause (1), a county may 
 apply for and use a grant for the training and education 
 required by the commissioner for a newly employed county 
 veterans service officer's certificate, or for the continuing 
 education of other staff. 

    Subd. 6.    Grant amount.  The amount of each grant must 
 be determined by the commissioner of veterans affairs, and may 
 not exceed the lesser of: 

    (1) the amount specified in the grant application to be 
 expended on the plan for enhancing the effectiveness of the 
 county veterans service office; or 

    (2) the county's share of the total funds available under 
 the program, determined in the following manner: 

    (i) if the county's veteran population is less than 1,000, 
 the county's grant share shall be $2,000; 

    (ii) if the county's veteran population is 1,000 or more 
 but less than 3,000, the county's grant share shall be $4,000; 

    (iii) if the county's veteran population is 3,000 or more 
 but less then 10,000, the county's grant share shall be $6,000; 
 or 

    (iv) if the county's veteran population is 10,000 or more, 
 the county's grant share shall be $8,000. 

    In any year, only one-half of the counties in each of the 
 four veteran population categories (i) to (iv) may be awarded 
 grants.  Grants shall be awarded on a first-come first-served 
 basis to counties submitting applications which meet the 
 commissioner's criteria as established in the rules.  Any county 
 not receiving a grant in any given year shall receive priority 
 consideration for a grant the following year.  

    In any year, after a period of time to be determined by the 
 commissioner, any amounts remaining from undistributed county 
 grant shares may be reallocated to the other counties which have 
 submitted qualifying application. 

    The veteran population of each county shall be determined 
 by the figure supplied by the United States Department of 
 Veterans Affairs, as adopted by the commissioner. 

    HIST: 1993 c 192 s 79; 1993 c 366 s 5 

     197.609 Education program. 

    Subdivision 1.    Establishment and administration.  An 
 education program for county veterans service officers is 
 established to be administered by the commissioner of veterans 
 affairs. 

    Subd. 2.    Eligibility.  To be eligible for the program 
 in this section, a person must currently be employed as a county 
 veterans service officer 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. 

    Subd. 3.    Program content.  The program in this 
 section must include but is not limited to informing county 
 veteran service officers of the federal, state, and private 
 benefits and services available to veterans, training them in 
 procedures for applying for these benefits, updating them on the 
 changes in these benefits and the eligibility criteria and 
 application procedures, informing them of judicial and 
 regulatory decisions involving veterans programs, training them 
 in the legal procedures for appealing decisions disallowing 
 benefits to veterans, and providing education, information, and 
 training for any other aspects of the veteran service officer 
 position. 

    HIST: 1993 c 192 s 80 

     197.63 Vital statistics records, certified copies. 

    Subdivision 1.    Issuance without charge.  A certified 
 copy of a birth, death, marriage, divorce, dissolution of 
 marriage record, or certified copy of veteran's discharge 
 recorded pursuant to section 386.20, shall be issued promptly by 
 the officer charged with the keeping of the records upon the 
 request of, and without any charge to, any veteran, the 
 surviving spouse or next of kin of the veteran, service officers 
 of any veterans organization chartered by the Congress of the 
 United States, or the department of veterans affairs, for use in 
 the presentation of claims to the United States veterans 
 administration or in connection with any veterans organization 
 or the department of veterans affairs.  The word "veteran" as 
 used in this section means any man or woman who is a veteran as 
 defined in section 197.447, and who is a citizen of the United 
 States or resident alien. 

    Subd. 2.    Payment of fees.  When the salary of the 
 officer issuing a certified copy under this section consists in 
 whole or in part of fees authorized by law, the officer's 
 governmental subdivision shall pay the officer the legal fee 
 therefor, and the governing body thereof is authorized and 
 directed to order such payment made from the general revenue 
 funds thereof. 

    HIST: 1945 c 19 s 1,2; 1947 c 169 s 1; 1953 c 699 s 9; 1976 c 
 2 s 73; 1984 c 609 s 17; 1986 c 444 

  197.64 Repealed, 1976 c 44 s 70 

  197.71 Repealed, 1969 c 275 s 12 

  197.72 Repealed, 1969 c 275 s 12 

  197.73 Repealed, 1969 c 275 s 12 

  197.74 Repealed, 1969 c 275 s 12 

     197.75 Educational assistance, war orphans and veterans. 

    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 
 children, families, and learning, or in a theological seminary, 
 for any course which such veteran or child may elect.  Not more 
 than $350 shall be expended for the benefit of any individual 
 veteran, and not more than $350 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. 

    Subd. 2.    Limitations.  The benefits in subdivision 1 
 are not available to a veteran who is entitled to the same or 
 similar benefits under a law or regulation of the United States, 
 with the exceptions in paragraphs (a) and (b). 

    (a) A veteran who has been eligible for and has used up the 
 benefits the veteran is entitled to under the laws of the United 
 States is entitled to the benefits provided for by subdivision 1.

    (b) A veteran who has had less than ten years of 
 eligibility for educational assistance under federal law because 
 of the December 31, 1989, delimiting date and who has lost more 
 than four months of that eligibility is entitled to the benefits 
 provided for by subdivision 1. 

    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. 

    Subd. 4.    Reimbursement form.  Reimbursement to such 
 institution or eligible individual authorized under subdivision 
 1 shall be on forms prescribed by the commissioner. 

    Subd. 5.    Definition of veteran.  The word "veteran" 
 as used in this section shall have the same meaning as defined 
 in section 197.447 except that it shall include service persons 
 that died while on active duty.  

    Subd. 6.    Residence required.  Veterans under this 
 section shall have been a resident of the state of Minnesota at 
 the time of induction into the armed forces and six months 
 immediately preceding the induction.  

    HIST: 1943 c 663 s 5; 1945 c 235 s 2; 1947 c 176 s 2,3; 1953 c 
 108 s 1; 1955 c 45 s 1; 1957 c 258 s 2; 1957 c 576 s 1,2; 1969 c 
 275 s 9,10; 1971 c 24 s 16; 1971 c 97 s 1-3; 1973 c 349 s 2; 
 1975 c 321 s 2; 1980 c 614 s 99; 1983 c 335 s 1; 1987 c 258 s 
 12; 1989 c 246 s 2; 1990 c 444 s 2; 1Sp1995 c 3 art 16 s 13 

  197.751 Repealed, 1969 c 275 s 12 

     197.752 Educational assistance-POW/MIA dependents. 

    Any dependent of a prisoner of war or a person missing in 
 action, upon being duly accepted for enrollment in any Minnesota 
 public post-secondary institution, shall be allowed to attend 
 the institution to obtain a bachelor's degree or certificate of 
 completion, while eligible, free of tuition or charge.  A 
 dependent who enrolls as an undergraduate in any private 
 Minnesota post-secondary institution shall be entitled to 
 payment by the state of tuition and fees at a rate not to exceed 
 $250 per year for so long as the dependent is eligible to attend 
 the institution and is working toward a bachelor's degree or 
 certificate of completion.  

    "Prisoner of war" and "persons missing in action" for 
 purposes of this section mean any person who was a resident of 
 the state at the time the person entered service of the United 
 States Armed Forces, or whose official residence is within the 
 state, and who, while serving in the United States Armed Forces 
 has been declared to be a prisoner of war, or to be a person 
 missing in action as established by the Secretary of Defense 
 after August 1, 1958.  

    "Dependent" for purposes of this section means the spouse 
 of a prisoner of war or person missing in action, or any child 
 born before or during the period of time the child's parent 
 served as a prisoner of war or was declared a person missing in 
 action, or any child legally adopted or in the legal custody of 
 the parent prior to and during the time the parent served as a 
 prisoner of war or was declared to be a person missing in 
 action.  Once a person qualifies as a dependent under the terms 
 and provisions of this section there shall be no situation such 
 as the return of the spouse or parent or the reported death of 
 the spouse or parent that will remove the dependent from 
 provisions or benefits of this section.  

    HIST: 1983 c 335 s 2; 1986 c 444 

  197.76 Repealed, 1969 c 275 s 12 

  197.77 Repealed, 1969 c 275 s 12 

     197.78 State educational programs unavailable through 
  federal programs. 

    Subdivision 1.  The commissioner of children, families, and 
 learning 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. 

    Subd. 2. Repealed, 1979 c 335 s 18 

    HIST: 1973 c 580 s 1; 1977 c 449 s 19; 1986 c 444; 1998 c 398 
 art 5 s 55 

     197.79 Veterans' bonus program. 

    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 August 2, 1990, to July 31, 1991. 

    (g) "Guardian" or "conservator" means the legally appointed 
 representative of a minor beneficiary or incompetent veteran, 
 the chief officer of a hospital or institution in which the 
 incompetent veteran is placed if the officer is authorized to 
 accept money for the benefit of the minor or incompetent, the 
 person determined by the commissioner to be the person who is 
 legally charged with the responsibility for the care of the 
 minor beneficiary or incompetent veteran, or the person 
 determined by the commissioner to be the person who has assumed 
 the responsibility for the care of the minor beneficiary or 
 incompetent veteran. 

    (h) "Honorable service" means honorable service 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. 

    (i) "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 whose 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; 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) had Minnesota as the home of 
 record at the time of entry into active duty in the United 
 States armed forces. 

    (j) "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. 

    (k) "Veteran" has the meaning given in section 197.447, and 
 also includes: 

    (1) a person who is providing honorable service on active 
 duty in the United States armed forces and has not been 
 separated or discharged; or 

    (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. 

    "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. 

    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) $300, if the veteran did not receive the Southwest Asia 
 service medal during the eligibility period for the bonus; 

    (2) $600, if the veteran received the Southwest Asia 
 service medal during the eligibility period for the bonus; or 

    (3) $2,000, if the veteran was eligible for the Southwest 
 Asia service medal 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. 

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

    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 on a form prescribed 
 by the commissioner and verified by the applicant.  If the 
 veteran is incompetent or the veteran's beneficiary is a minor 
 or incompetent, 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 while awaiting further information from the 
 applicant, and the applicant may submit that information without 
 filing an appeal and request for review. 

    Subd. 4.    Bonus determination, appeal process, and 
 payment.  (a) Except as provided in paragraphs (b) to (d), the 
 commissioner may not make a bonus payment to any applicant. 

    (b) Upon submission of proof to the department that an 
 applicant is entitled to payment under this section, the 
 department shall determine the amount of the bonus for which the 
 applicant is eligible.  If the department's determination of the 
 bonus amount is in agreement with, or is greater than, the 
 amount requested by the applicant in the application, the 
 commissioner shall pay to the applicant the bonus amount, as 
 determined by the department. 

    (c) If the department determines that the bonus amount for 
 an applicant is less than the amount requested in the 
 application, the department shall notify the applicant in 
 writing of its determination, and include with that notification 
 a form that the applicant may use to accept the department's 
 determination and thereby waive the right to review of that 
 determination.  A filing by the applicant of the acceptance and 
 waiver form with the department constitutes a waiver by the 
 applicant of the right to review.  Upon receipt of such 
 acceptance and waiver from the applicant, the department shall 
 pay to the applicant the bonus amount, as determined by the 
 department.  Unless an appeal is filed with the commissioner by 
 an applicant in accordance with paragraph (d), all orders, 
 decisions, and acts of the department with reference to the 
 claim of the applicant are final and conclusive upon the 
 applicant. 

    (d) Upon notification that the department's determination 
 of the bonus amount is less than the bonus amount requested by 
 the applicant in the application, the applicant may appeal the 
 department's determination and request a review by the 
 commissioner.  The appeal and request for review must be made in 
 writing within 60 days of the department's mailing of its 
 determination.  Following receipt by the department of an 
 applicant's appeal and request for review by the commissioner, 
 no payment shall be made by the department to the applicant 
 until the review has been completed.  For such review, the 
 applicant may submit additional information to supplement the 
 information provided in the application, and may request that 
 the review be conducted either:  (1) through written 
 correspondence; or (2) in person with the commissioner.  The 
 commissioner shall act upon an appeal and request for review 
 within seven working days of its receipt by the department.  
 Following review by the commissioner of the application and any 
 additional information submitted or presented by the applicant, 
 the commissioner's determination is final.  Any expenses 
 incurred by the applicant as the result of the applicant's 
 appeal and request for review are the obligation of the 
 applicant. 

    Subd. 5.    Notices.  Notices and correspondence to an 
 applicant must be directed to the applicant by mail at the 
 address listed in the application.  Notices and correspondence 
 to the commissioner must be addressed to the commissioner's 
 office in St. Paul. 

    Subd. 6.    Powers and duties of the commissioner.  (a) 
 The commissioner shall determine who is the beneficiary of a 
 deceased veteran and determine who is the person who has assumed 
 the responsibility for the care of any minor or incompetent. 

    (b) The commissioner may employ persons and may incur other 
 expenses necessary to administer this section. 

    Subd. 7.    Tax exempt gifts.  The bonus payments 
 provided for by this section are gifts or gratuities given as a 
 token of appreciation to eligible veterans and are not 
 compensation for services rendered.  The payments are exempt 
 from state taxation. 

    Subd. 8.    Nonassignable; excepted from process.  A 
 claim for payment under this section is not assignable or 
 subject to garnishment, attachment, or levy of execution. 

    Subd. 9.    Penalties.  A person who knowingly makes a 
 false statement relating to a material fact in support of a 
 claim for a bonus under this section is guilty of a misdemeanor. 

    Subd. 10.    Deadline for applications.  The application 
 period for the bonus program established in this section shall 
 be November 1, 1997, to June 30, 2001.  The department may not 
 receive or accept new applications after June 30, 2001. 

    HIST: 1997 c 202 art 2 s 42; 1998 c 258 s 1; 1999 c 250 art 1 
 s 83 

  197.80 Repealed, 1965 c 45 s 73 

  197.81 Repealed, 1965 c 45 s 73 

  197.82 Repealed, 1965 c 45 s 73 

  197.83 Repealed, 1965 c 45 s 73 

  197.84 Repealed, 1965 c 45 s 73 

  197.85 Repealed, 1965 c 45 s 73 

  197.851 Repealed, 1965 c 45 s 73 

  197.852 Repealed, 1965 c 45 s 73 

  197.86 Repealed, 1965 c 45 s 73 

  197.87 Repealed, 1965 c 45 s 73 

  197.88 Repealed, 1965 c 45 s 73 

  197.89 Repealed, 1965 c 45 s 73 

  197.90 Repealed, 1965 c 45 s 73 

  197.91 Repealed, 1965 c 45 s 73 

  197.92 Repealed, 1965 c 45 s 73 

  197.93 Repealed, 1965 c 45 s 73 

  197.94 Repealed, 1965 c 45 s 73 

  197.95 Repealed, 1965 c 45 s 73 

  197.96 Repealed, 1965 c 45 s 73 

  197.97 Repealed, 1965 c 45 s 73 

  197.971 Repealed, 1996 c 310 s 1 

  197.972 Repealed, 1996 c 310 s 1 

  197.973 Repealed, 1996 c 310 s 1 

  197.974 Repealed, 1996 c 310 s 1 

  197.975 Repealed, 1996 c 310 s 1 

  197.976 Repealed, 1996 c 310 s 1 

  197.977 Repealed, 1996 c 310 s 1 

  197.978 Repealed, 1996 c 310 s 1 

  197.979 Repealed, 1996 c 310 s 1 

  197.98 Repealed, 1996 c 310 s 1 

  197.981 Repealed, 1996 c 310 s 1 

  197.982 Repealed, 1996 c 310 s 1 

  197.983 Repealed, 1996 c 310 s 1 

  197.984 Repealed, 1996 c 310 s 1 

  197.985 Repealed, 1996 c 310 s 1 

  197.986 Repealed, 1996 c 310 s 1