CHAPTER 197. VETERANS; REWARDS, PRIVILEGES
Table of Sections
|197.01||Repealed, 2000 c 390 s 16
|197.02||Repealed, 2000 c 390 s 16
|197.03||STATE SOLDIERS' ASSISTANCE FUND CREATED.|
|197.04||COMPOSITION OF FUND.|
|197.05||FUND, HOW EXPENDED.|
|197.06||SOLDIERS' ASSISTANCE AGENT.|
|197.065||ACCESS TO DATABASE.|
|197.07||SOLDIERS' ASSISTANCE FUND DEPOSITED IN STATE TREASURY.|
|197.09||Repealed, 1983 c 335 s 3
|197.10||Repealed, 1983 c 335 s 3
|197.11||Repealed, 1983 c 335 s 3
|197.13||Repealed, 1985 c 152 s 5
|197.131||BOARD OF GOVERNORS OF BIG ISLAND VETERANS CAMP.|
|197.132||POWERS AND DUTIES.|
|197.133||DISPOSAL OF PROPERTY AND EXPIRATION OF BOARD OF GOVERNORS.|
|197.14||Repealed, 1976 c 149 s 63
|197.15||Repealed, 1985 c 152 s 5
|197.16||Repealed, 1985 c 152 s 5
|197.17||Repealed, 1985 c 152 s 5
|197.18||Repealed, 1985 c 152 s 5
|197.19||Repealed, 1985 c 152 s 5
|197.20||Repealed, 1969 c 275 s 12
|197.21||Repealed, 1969 c 275 s 12
|197.211||Repealed, 1969 c 275 s 12
|197.22||Repealed, 1969 c 275 s 12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.|
|197.231||197.231 HONOR GUARDS.|
|197.235||Repealed, 1994 c 632 art 3 s 65
|197.24||Repealed, 1969 c 275 s 12
|197.31||Repealed, 1965 c 47 s 1
|197.32||Repealed, 1965 c 47 s 1
|197.33||Repealed, 1965 c 47 s 1
|197.34||Repealed, 1965 c 47 s 1
|197.35||Repealed, 1965 c 47 s 1
|197.36||Repealed, 1965 c 47 s 1
|197.37||Repealed, 1965 c 47 s 1
|197.38||Repealed, 1965 c 47 s 1
|197.39||Repealed, 1965 c 45 s 73
|197.40||Repealed, 1965 c 45 s 73
|197.41||Repealed, 1965 c 45 s 73
|197.42||Repealed, 1961 c 561 s 17
|197.43||Repealed, 1961 c 561 s 17
|197.44||Repealed, 1961 c 561 s 17
|197.45||Repealed, 1975 c 45 s 7
|197.455||VETERAN'S PREFERENCE APPLIED.|
|197.46||VETERANS PREFERENCE ACT; REMOVAL FORBIDDEN; RIGHT OF MANDAMUS.|
|197.47||Repealed, 1975 c 45 s 7
|197.49||Repealed, 2000 c 390 s 16
|197.50||Repealed, 1965 c 45 s 73
|197.51||Repealed, 1965 c 45 s 73
|197.52||Repealed, 1965 c 45 s 73
|197.53||Repealed, 1969 c 275 s 12
|197.54||Repealed, 1961 c 561 s 17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.|
|197.56||USE OF QUARTERS.|
|197.57||QUARTERS, HOW MAINTAINED.|
|197.58||STATE TO PROVIDE SPACE FOR VETERAN ORGANIZATIONS.|
|197.585||197.585 HIGHER EDUCATION VETERANS ASSISTANCE PROGRAM.|
|197.59||Repealed, 2004 c 256 art 2 s 5
|197.60||VETERANS SERVICE OFFICERS; APPOINTMENT; COMPENSATION.|
|197.601||QUALIFICATIONS OF VETERANS SERVICE OFFICERS.|
|197.602||JOINT ACTION BY TWO OR MORE COUNTIES.|
|197.604||UNLAWFUL TO PAY FEE.|
|197.606||CLASSED AS COUNTY EMPLOYEES.|
|197.608||VETERANS SERVICE OFFICE GRANT PROGRAM.|
|197.63||VITAL STATISTICS RECORDS, CERTIFIED COPIES.|
|197.64||Repealed, 1976 c 44 s 70
|197.65||RENEWAL OF PROFESSIONAL LICENSE, MOTOR VEHICLE REGISTRATION AND DRIVER'S LICENSE.|
|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 SURVIVORS AND VETERANS.|
|197.751||Repealed, 1969 c 275 s 12
|197.752||EDUCATIONAL ASSISTANCE TO POW/MIA DEPENDENTS.|
|197.76||Repealed, 1969 c 275 s 12
|197.77||Repealed, 1969 c 275 s 12
|197.775||197.775 HIGHER EDUCATION FAIRNESS.|
|197.78||STATE EDUCATIONAL PROGRAMS UNAVAILABLE THROUGH FEDERAL PROGRAMS.|
|197.781||VETERANS TRAINING PROGRAM.|
|197.79||VETERANS BONUS PROGRAM.|
|197.791||197.791 MINNESOTA GI BILL PROGRAM.|
|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
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, 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
History: (4601) 1923 c 436 s 3; 1929 c 327; 1984 c 609 s 14; 1986 c 444; 1991 c 123 s 2;
2004 c 256 art 2 s 1
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
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.
History: (4602) 1923 c 436 s 4; 1929 c 327; 1991 c 123 s 5; 2000 c 390 s 12
197.05 FUND, HOW EXPENDED.
(a) The state soldiers' assistance fund shall be administered by the commissioner of veterans
affairs and shall be used to locate and investigate the facts as to any Minnesota resident or resident
alien residing in Minnesota who served in the military or naval forces of the United States and
who is indigent or suffering from any disability whether acquired in the service or not; to assist
the person and the person's dependents as hereinafter provided in establishing and proving any
just claim the person may have against the United States government, or any other government
or state for compensation, insurance, relief, or other benefits; to provide 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
. The commissioner shall limit financial assistance
to veterans and dependents to six months, unless recipients have been certified as ineligible
for other benefit programs.
(b) For purposes of this section, "resident" means a person living in Minnesota for at least 30
days with the intention of residing in the state and not for any temporary purpose. An applicant
may verify a residence address by presenting a valid state driver's license, a state identification
card, a voter registration card, a rent receipt, a statement by the landlord, apartment manager, or
homeowner verifying that the individual is residing at the address, or other form of verification
approved by the commissioner.
(c) The fund is appropriated to be used in the manner determined by the commissioner of
veterans affairs for these purposes.
History: (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; 2003 c 18 s 1; 2004 c 256 art 2 s 2
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
. No expense shall be incurred under the provisions of sections
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.
History: (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
197.065 ACCESS TO DATABASE.
13.46, subdivision 2
, the commissioner of veterans affairs may
electronically access the MAXIS database maintained by the Department of Human Services
for the purpose of verifying eligibility status of applicants for benefits under the state soldiers
History: 2003 c 25 s 2
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.
History: (4605) 1923 c 436 s 7; 1986 c 444; 1991 c 123 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.
History: 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.
History: 1985 c 152 s 2; 1986 c 444
197.133 DISPOSAL OF PROPERTY AND EXPIRATION OF 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
. 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
. 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.
History: 1985 c 152 s 3; 1997 c 7 art 2 s 26
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
. 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.[Repealed, 2004 c 256 art 2 s 5
History: (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
197.231 HONOR GUARDS.
The commissioner of veterans affairs shall pay, within available funds and upon request by a
local unit of a congressionally chartered veterans organization or its auxiliary, up to $50 to the
local unit for each time that local unit provides an honor guard detail at the funeral of a deceased
veteran. The commissioner may give priority to local units that do not have charitable gambling
operations. If the local unit provides a student to play "Taps," the local unit may pay some or all
of the $50 to the student.
History: 2007 c 45 art 2 s 2
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
Subd. 4.[Repealed, 2004 c 256 art 2 s 5
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.
History: 1994 c 632 art 3 s 53
197.447 VETERAN, DEFINED.
The word "veteran" as used in Minnesota Statutes, except in sections
, 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
, or who has active military service certified under
section 401, Public Law 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.
History: 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
197.455 VETERAN'S PREFERENCE APPLIED.
Subdivision 1. Application.
This section shall 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. Any provision in a law, charter,
ordinance, rule or regulation contrary to the applicable provisions of this section is void to the
extent of such inconsistency. Sections
shall not apply to state civil service.
Subd. 2. Creation.
Recognizing that training and experience in the military services of the
government and loyalty and sacrifice for the government are qualifications of merit which cannot
be readily assessed by examination, a veteran's preference shall be available to a veteran as
defined in section
Subd. 3.[Repealed, 2005 c 95 s 1
; 2005 c 156 art 4 s 12
Subd. 4. Nondisabled veteran's credit.
There shall be added to the competitive open
examination rating of a nondisabled veteran, who so elects, a credit of five points provided that
the veteran obtained a passing rating on the examination without the addition of the credit points.
Subd. 5. Disabled veteran's credit.
There shall be added to the competitive open
examination rating of a disabled veteran, who so elects, a credit of ten points provided that the
veteran obtained a passing rating on the examination without the addition of the credit points.
There shall be added to the competitive promotional examination rating of a disabled veteran,
who so elects, a credit of five points provided that (1) the veteran obtained a passing rating on the
examination without the addition of the credit points; and (2) the veteran is applying for a first
promotion after securing public employment.
Subd. 6. Disabled veteran; definitions.
For the purpose of the preference to be used in
securing appointment from a competitive open examination, "disabled veteran" means a person
who has a compensable service-connected disability as adjudicated by the United States Veterans
Administration, or by the retirement board of one of the several branches of the armed forces,
which disability is existing at the time preference is claimed. For purposes of the preference
to be used in securing appointment from a competitive promotional examination, "disabled
veteran" means a person who, at the time of election to use a promotional preference, is entitled to
disability compensation under laws administered by the Veterans Administration for a permanent
service-connected disability rated at 50 percent or more.
Subd. 7. Preference for spouses.
A preference available pursuant to this section may be
used by the surviving spouse of a deceased veteran and by the spouse of a disabled veteran who
because of the disability is unable to qualify.
Subd. 8. Ranking of veterans.
An eligible with a rating augmented by veteran's preference
shall be entered on an eligible list ahead of a nonveteran with the same rating.
Subd. 9. Notification.
A governmental agency, when notifying eligibles that they have
passed examinations, shall show the final examination ratings and preference credits and shall
notify eligibles that they may elect to use veteran's preference to augment passing ratings.
Subd. 10. Rejection; explanation.
If the appointing authority rejects a certified eligible who
has received veteran's preference, the appointing authority shall notify the eligible in writing of
the reasons for the rejection and file the notice with the appropriate local personnel officer.
History: 1975 c 45 s 4; 1981 c 210 s 54; 2004 c 207 s 29
197.46 VETERANS PREFERENCE ACT; REMOVAL FORBIDDEN; RIGHT OF
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,
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
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
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.
History: (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
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
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.
History: (4369-2) 1931 c 347 s 2; 1Sp1981 c 4 art 1 s 19
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 section
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
, 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
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
History: 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
197.55 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.
History: (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.
History: (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
; 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.
History: (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.
History: (4384-2) 1929 c 434; 1969 c 275 s 8; 1985 c 78 s 1; 1986 c 444
197.585 HIGHER EDUCATION VETERANS ASSISTANCE PROGRAM.
Subdivision 1. Assistance provided.
The commissioner of veterans affairs shall provide
central liaison staff and campus veterans assistance officers to serve the needs of students who are
veterans at higher education institutions in Minnesota. Methods of assistance may include, but
are not limited to, work-study positions for veterans, and providing information and assistance
regarding the availability of state, federal, local, and private resources.
Subd. 2. Steering committee.
The commissioner of veterans affairs shall chair a higher
education veterans assistance program steering committee composed of:
(1) the adjutant general or the adjutant general's designee;
(2) a representative of Minnesota State Colleges and Universities, designated by the
(3) a representative of the University of Minnesota, appointed by the president of the
(4) a representative of private colleges and universities in Minnesota, appointed by the
(5) a representative of the Office of Higher Education, appointed by the executive director;
(6) a representative of county veterans service offices, appointed by the commissioner of
veterans affairs; and
(7) a representative of the Department of Employment and Economic Development,
appointed by the commissioner of that department.
The steering committee shall advise the commissioner of veterans affairs regarding the allocation
of appropriations for the purposes of this section and shall develop a long-range plan to serve the
needs of students at higher education institutions in Minnesota who are veterans.
Subd. 3. Office space provided.
Each campus of the University of Minnesota and each
institution within the Minnesota State Colleges and Universities system shall provide adequate
space for a veterans assistance office to be administered by the commissioner of veterans affairs,
and each private college and university in Minnesota is encouraged to provide adequate space
for a veterans assistance office to be administered by the commissioner of veterans affairs. The
veterans assistance office must provide information and assistance to veterans who are students
or family members of students at the school regarding the availability of state, federal, local,
and private resources.
Subd. 4. Report.
Beginning January 15, 2007, and each year thereafter, the steering
committee established in subdivision 2 shall report to the chairs of the legislative committees
with jurisdiction over veterans affairs policy and finance and higher education policy and finance
regarding the implementation and effectiveness of the program established in this section.
Subd. 5. Expiration.
This section expires at the end of the first fiscal year in which the
number of veterans enrolled in Minnesota public institutions of higher education is fewer than
4,000, but no later than June 30, 2011.
History: 2006 c 282 art 15 s 3
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
, 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
. 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
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
, 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
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.
History: 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
without the following qualifications:
(1) residence in the state of Minnesota;
(2) citizenship in the United States;
(3) veteran as defined in section
(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.
History: 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.
History: 1945 c 96 s 3; 1986 c 444
Subdivision 1. Veterans benefits and assistance.
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. Records; data privacy.
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
History: 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. Payment of fee.
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
Subd. 2. Gross misdemeanor.
Any person who shall commit an act unlawful under
subdivision 1 shall be guilty of a gross misdemeanor.
History: 1945 c 96 s 5; 1986 c 444
Subdivision 1. Methods of operation.
Every veterans service officer appointed under
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
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
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
. Such rules shall not apply to the appointment, tenure, compensation,
or working conditions of a veterans service officer appointed under sections
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.
History: 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
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.
History: 1945 c 96 s 7
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 shall consult with the Minnesota Association
of County Veterans Service Officers in formulating rules to implement the grant program.
Subd. 2a. Grant cycle.
Counties may become eligible to receive grants on a three-year
rotating basis according to a schedule to be developed and announced in advance by the
commissioner. The schedule must list no more than one-third of the counties in each year of the
three-year cycle. A county may be considered for a grant only in the year of its listing in the
Subd. 3. Eligibility.
(a) To be eligible for a grant under this program, a county must employ
a county veterans service officer as authorized by sections
, who is certified to
serve in this position by the commissioner.
(b) A county that employs a newly hired county veterans service officer who is serving an
initial probationary period and who has not been certified by the commissioner is eligible to
receive a grant under subdivision 2a.
(c) Except for the situation described in paragraph (b), a county whose veterans service
officer does not receive certification during any year of the three-year cycle is not eligible to
receive a grant during the remainder of that cycle or the next three-year cycle.
Subd. 4. Grant process.
(a) The commissioner shall determine the process for awarding
grants. A grant may be used only for the purpose of enhancing the operations of the County
Veterans Service Office.
(b) The commissioner shall provide a list of qualifying uses for grant expenditures as
developed in subdivision 5 and shall approve a grant only for a qualifying use and if there are
sufficient funds remaining in the grant program to cover the full amount of the grant.
Subd. 5. Qualifying uses.
The commissioner shall consult with the Minnesota Association of
County Veterans Service Officers in developing a list of qualifying uses for grants awarded under
this program. The commissioner is authorized to use any unexpended funding for this program to
provide training and education for county veterans service officers.
Subd. 6. Grant amount.
The amount of each grant must be determined by the commissioner
and may not exceed:
(1) $1,400, if the county's veteran population is less than 1,000;
(2) $2,800, if the county's veteran population is 1,000 or more but less than 3,000;
(3) $4,200, if the county's veteran population is 3,000 or more but less then 10,000; or
(4) $5,600, if the county's veteran population is 10,000 or more.
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.
Subd. 7. Recapture.
If a county fails to use the grant for the qualified use approved by
the commissioner, the commissioner shall seek recovery of the grant from the county and the
county must repay the grant amount.
History: 1993 c 192 s 79; 1993 c 366 s 5; 1Sp2003 c 1 art 2 s 65; 2005 c 156 art 4 s 8
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
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.
History: 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
, 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
, 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.
History: 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
197.65 RENEWAL OF PROFESSIONAL LICENSE, MOTOR VEHICLE REGISTRATION
AND DRIVER'S LICENSE.
(a) The renewal of a license or certificate of registration for a person who is serving in or has
recently been separated or discharged from active military service and who is required by law
to be licensed or registered in order to carry on or practice a trade, employment, occupation, or
profession in the state is governed under sections
(b) The renewal of a driver's license for a person who is serving in or has recently been
separated or discharged from active military service is governed under section
(c) The renewal and payment of the motor vehicle registration tax for a vehicle of a person
who is serving in or has recently been separated or discharged from active military service
is governed under section
History: 2004 c 279 art 1 s 26; 1Sp2005 c 6 art 3 s 84
197.75 EDUCATIONAL ASSISTANCE, WAR SURVIVORS AND VETERANS.
Subdivision 1. Definitions.
(a) The definitions in this subdivision apply to this section.
(b) "Commissioner" means the commissioner of veterans affairs.
(c) "Deceased veteran" means a veteran who was a Minnesota resident within six months of
the time of the person's entry into the United States armed forces and who has died as a result of
that service, as determined by the United States Veterans Administration.
(d) "Eligible child" means a person who:
(1) is the natural or adopted son or daughter of a deceased veteran; and
(2) is a student making satisfactory academic progress at an eligible institution of higher
(e) "Eligible institution" means a postsecondary educational institution located in this state
that either (1) is operated by this state, or (2) is operated publicly or privately and, as determined
by the office, maintains academic standards substantially equivalent to those of comparable
institutions operated in this state.
(f) "Eligible spouse" means the surviving spouse of a deceased veteran.
(g) "Eligible veteran" means a veteran who:
(1) is a student making satisfactory academic progress at an eligible institution of higher
(2) had Minnesota as the person's state of residence at the time of the person's enlistment
or any reenlistment into the United States armed forces, as shown by the person's federal form
DD-214 or other official documentation to the satisfaction of the commissioner;
(3) except for benefits under this section, has no remaining military or veteran-related
educational assistance benefits for which the person may have been entitled; and
(4) while using the educational assistance authorized in this section, remains a resident
student as defined in section
136A.101, subdivision 8
(h) "Satisfactory academic progress" has the meaning given in section
(i) "Student" has the meaning given in section
136A.101, subdivision 7
(j) "Veteran" has the meaning given in section
Subd. 2. Benefits; eligibility.
(a) The commissioner of veterans affairs shall spend a biennial
appropriation to provide an educational assistance stipend of $750 each year for each eligible
child and each eligible spouse, and a single payment of $750 for each eligible veteran. This
stipend is not available for any person who has attained a bachelor's or equivalent degree.
(b) Each eligible child and each eligible spouse shall be admitted to any Minnesota public
eligible institution free of tuition until the person has attained a bachelor's or equivalent degree.
(c) Payments of benefits authorized under this section shall be made directly to the
participating eligible institutions or to eligible individuals, as determined by the commissioner.
Subd. 3. Proof of eligibility.
Approval for benefits under this section shall require submission
of the following evidence: application, proof of military service, and, where applicable, proof of
residency and 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.
The commissioner shall establish policies and procedures
for determining eligibility and payment under this section.
Subd. 5. Participation by eligible institutions.
(a) Each Minnesota public postsecondary
institution must continue to participate in the educational assistance program authorized in this
section during both peacetime and times of war.
(b) Any participating eligible institution not described in paragraph (a) may suspend or
terminate its participation in the program at the end of any academic semester or other academic
Subd. 6. [Repealed by amendment, 2007 c 45 art 2 s 3
History: 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; 1Sp2001 c 10 art 2 s 68,69; 2003 c 130 s 12; 2004 c
256 art 2 s 3,4; 2007 c 45 art 2 s 3
197.752 EDUCATIONAL ASSISTANCE TO 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 postsecondary 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 postsecondary
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.
History: 1983 c 335 s 2; 1986 c 444
197.775 HIGHER EDUCATION FAIRNESS.
Subdivision 1. Definitions.
(a) The definitions in this subdivision apply to this section.
(b) "Commissioner" means the commissioner of veterans affairs.
(c) "State college or university" means a unit of the University of Minnesota or Minnesota
State Colleges and Universities.
Subd. 2. Recognition of courses.
(a) Minnesota State Colleges and Universities must
recognize courses and award educational credits for courses that were part of a veteran's military
training or service if the courses meet the standards of the American Council on Education or
equivalent standards for awarding academic credits.
(b) The University of Minnesota and private colleges and universities in Minnesota are
encouraged to recognize courses and award educational credits for courses that were part of a
veteran's military training or service if the courses meet the standards of the American Council on
Education or equivalent standards for awarding academic credits.
Subd. 3. Tuition status.
A state college or university must treat a veteran as a Minnesota
resident for purposes of determining the veteran's undergraduate tuition rate. A state college
or university must treat a veteran as a Minnesota resident for purposes of determining the
veteran's graduate school tuition rate if the veteran was a Minnesota resident on entering military
service and starts attending the state college or university graduate program within two years of
completing military service.
Subd. 4. Delayed payment of tuition.
A state college or university may not assess late fees
or other late charges for veterans who are eligible to receive federal or state educational assistance
and who have applied for that assistance but not yet received it, nor may they prevent these
students from registering for a subsequent term because of outstanding tuition charges that arise
from delayed federal or state payments. The state college or university may request without
delay the amount of tuition above expected federal and state educational assistance and may
require payment of the full amount of tuition owed by the veteran within 30 days of receipt of the
expected federal or state educational assistance.
History: 2006 c 273 s 9; 2007 c 144 art 2 s 48
197.78 STATE EDUCATIONAL PROGRAMS UNAVAILABLE THROUGH FEDERAL
Subdivision 1. Commissioner's duties.
The commissioner of veterans affairs shall foster
and support educational programs for the benefit of veterans to assure that no Minnesotan shall be
deprived of earned veterans benefits by virtue of the unavailability of programs for which the
veteran is entitled to enroll and receive subsistence, tuition, and other benefits under federal
programs. It shall be the responsibility of the commissioner to measure the demand for veterans
service educational programs based on the criteria mandated by federal veterans benefits laws
and to authorize, promote, and make grants within appropriated amounts to assure such program
Subd. 2.[Repealed, 1979 c 335 s 18
History: 1973 c 580 s 1; 1977 c 449 s 19; 1986 c 444; 1998 c 398 art 5 s 55; 2003 c 130
s 12; 2004 c 256 art 1 s 4
197.781 VETERANS TRAINING PROGRAM.
The commissioner of veterans affairs shall administer the veterans training program. Money
in the veterans training revolving fund for the veterans training program is appropriated to the
commissioner to pay the necessary expenses of operating the program. The department must act as
the state agency for approving educational institutions for purposes of United States Code, title 38,
chapter 36, relating to educational benefits for veterans and other persons and it may adopt rules
to fulfill its obligations as the state approving agency. All federal money received for purposes of
the veterans training program must be deposited in the veterans training revolving fund.
History: 2004 c 256 art 1 s 5
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
(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
(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
, 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
(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
(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 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.
History: 1997 c 202 art 2 s 42; 1998 c 258 s 1; 1999 c 250 art 1 s 83
197.791 MINNESOTA GI BILL PROGRAM.
Subdivision 1. Definitions.
(a) The definitions in this subdivision apply to this section.
(b) "Commissioner" means the commissioner of veterans affairs, unless otherwise specified.
(c) "Cost of attendance" for both graduate and undergraduate students has the meaning given
136A.121, subdivision 6
, multiplied by a factor of 1.1. The tuition and fee maximum
established by law for four-year programs shall be used to calculate the tuition and fee maximum
136A.121, subdivision 6
, for a graduate student.
(d) "Child" means a natural or adopted child of a person described in subdivision 4,
paragraph (a), clause (1), item (i) or (ii).
(e) "Eligible institution" means a postsecondary institution under section
(f) "Program" means the Minnesota GI Bill program established in this section, unless
(g) "Time of hostilities" means any action by the armed forces of the United States that is
recognized by the issuance of a presidential proclamation or a presidential executive order in
which the armed forces expeditionary medal or other campaign service medals are awarded
according to presidential executive order, and any additional period or place that the commissioner
determines and designates, after consultation with the United States Department of Defense, to be
a period or place where the United States is in a conflict that places persons at such a risk that
service in a foreign country during that period or in that place should be considered to be included.
(h) "Veteran" has the meaning given in section
. Veteran also includes a service
member who has received an honorable discharge after leaving each period of federal active
duty service and has:
(1) served 90 days or more of federal active duty in a foreign country during a time of
hostilities in that country; or
(2) received a service-related medical discharge from any period of service in a foreign
country during a time of hostilities in that country.
A service member who has fulfilled the requirements for being a veteran under this paragraph
but is still serving actively in the United States armed forces is also a veteran for the purposes
of this section.
Subd. 2. Program established.
The Minnesota GI Bill program is established to provide
postsecondary educational assistance to eligible Minnesota veterans and to the children and
spouses of deceased and severely disabled Minnesota veterans.
The commissioner, in cooperation with eligible postsecondary educational institutions,
shall administer the program for the purpose of providing postsecondary educational assistance
to eligible persons in accordance with this section. Each public postsecondary educational
institution in the state must participate in the program and each private postsecondary educational
institution in the state is encouraged to participate in the program. Any participating private
institution may suspend or terminate its participation in the program at the end of any semester or
other academic term.
Subd. 3. Duties; responsibilities.
(a) The commissioner shall establish policies and
procedures including, but not limited to, procedures for student application record keeping,
information sharing, payment of educational assistance benefits, and other procedures the
commissioner considers appropriate and necessary for effective and efficient administration of the
program established in this section.
(b) The commissioner may delegate part or all of the administrative procedures for the
program to responsible representatives of participating eligible institutions. The commissioner
may execute an interagency agreement with the Minnesota Office of Higher Education for
services the commissioner determines necessary to administer the program.
Subd. 4. Eligibility.
(a) A person is eligible for educational assistance under this section if:
(1) the person is:
(i) a veteran who is serving or has served honorably in any branch or unit of the United
States armed forces at any time on or after September 11, 2001;
(ii) a nonveteran who has served honorably for a total of five years or more cumulatively as a
member of the Minnesota National Guard or any other active or reserve component of the United
States armed forces, and any part of that service occurred on or after September 11, 2001;
(iii) the surviving spouse or child of a person who has served in the military at any time on or
after September 11, 2001, and who has died as a direct result of that military service; or
(iv) the spouse or child of a person who has served in the military at any time on or after
September 11, 2001, and who has a total and permanent service-connected disability as rated by
the United States Veterans Administration;
(2) the person providing the military service described in clause (1), items (i) to (iv), was
a Minnesota resident within six months of the time of the person's initial enlistment or any
reenlistment in the United States armed forces;
(3) the person receiving the educational assistance is a Minnesota resident, as defined in
136A.101, subdivision 8
(4) the person receiving the educational assistance:
(i) is an undergraduate or graduate student at an eligible institution;
(ii) is maintaining satisfactory academic progress as defined by the institution for students
participating in federal Title IV programs;
(iii) is enrolled in an education program leading to a certificate, diploma, or degree at an
(iv) has applied for educational assistance under this section prior to the end of the academic
term for which the assistance is being requested;
(v) is in compliance with child support payment requirements under section
, clause (5); and
(vi) if an undergraduate student, has applied for the federal Pell Grant and the Minnesota
(b) A person's eligibility terminates when the person becomes eligible for benefits under
(c) To determine eligibility, the commissioner may require official documentation, including
the person's federal form DD-214 or other official military discharge papers; correspondence
from the United States Veterans Administration; birth certificate; marriage certificate; proof of
enrollment at an eligible institution; signed affidavits; proof of residency; proof of identity; or any
other official documentation the commissioner considers necessary to determine eligibility.
(d) The commissioner may deny eligibility or terminate benefits under this section to any
person who has not provided sufficient documentation to determine eligibility for the program.
An applicant may appeal the commissioner's eligibility determination or termination of benefits
in writing to the commissioner at any time. The commissioner must rule on any application
or appeal within 30 days of receipt of all documentation that the commissioner requires. The
decision of the commissioner regarding an appeal is final. However, an applicant whose appeal
of an eligibility determination has been rejected by the commissioner may submit an additional
appeal of that determination in writing to the commissioner at any time that the applicant is able
to provide substantively significant additional information regarding the applicant's eligibility
for the program. An approval of an applicant's eligibility by the commissioner following an
appeal by the applicant is not retroactively effective for more than one year or the semester of the
person's original application, whichever is later.
(e) Upon receiving an application with insufficient documentation to determine eligibility,
the commissioner must notify the applicant within 30 days of receipt of the application that the
application is being suspended pending receipt by the commissioner of sufficient documentation
from the applicant to determine eligibility.
Subd. 5. Benefit amount.
(a) On approval by the commissioner of eligibility for the program,
the applicant shall be awarded, on a funds-available basis, the educational assistance under the
program for use at any time according to program rules at any eligible institution.
(b) The amount of educational assistance in any semester or term for an eligible person must
be determined by subtracting from the eligible person's cost of attendance the amount the person
received or was eligible to receive in that semester or term from:
(1) the federal Pell Grant;
(2) the state grant program under section
(3) any federal military or veterans educational benefits including but not limited to
the Montgomery GI Bill, GI Bill Kicker, the federal tuition assistance program, vocational
rehabilitation benefits, and any other federal benefits associated with the person's status as a
veteran, except veterans disability payments from the United States Veterans Administration.
(c) The amount of educational assistance for any eligible person who is a full-time student
must not exceed the following:
(1) $1,000 per semester or term of enrollment;
(2) $2,000 per state fiscal year; and
(3) $10,000 in a lifetime.
For a part-time student, the amount of educational assistance must not exceed $500 per semester
or term of enrollment. For the purpose of this paragraph, a part-time undergraduate student is a
student taking fewer than 12 credits for a semester or term of enrollment and a part-time graduate
student is a student considered part time by the eligible institution the graduate student is attending.
Subd. 6. Insufficient appropriation.
If the amount appropriated is determined by the
commissioner to be insufficient to pay the benefit amounts in subdivision 5, the commissioner
must reduce the amounts specified in subdivision 5, paragraph (c), clauses (1) and (2).
History: 2007 c 144 art 2 s 49