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CHAPTER 196. DEPARTMENT OF VETERANS AFFAIRS

Table of Sections
Section Headnote
196.01 CREATED.
196.02 COMMISSIONER OF VETERANS AFFAIRS.
196.021 DEPUTY COMMISSIONERS; DUTIES.
196.03 OFFICERS AND EMPLOYEES.
196.04 RULES.
196.05 DUTIES OF COMMISSIONER.
196.051 MS 2014 [Repealed, 2015 c 16 s 1]
196.052 GIFT ACCEPTANCE AND INVESTMENT.
196.053 ACCEPTANCE OF FEDERAL FUNDS.
196.054 USE OF FACILITIES OR SERVICES BY OUTSIDE AGENCIES.
196.055 REQUIREMENTS FOR LEGISLATIVELY DIRECTED COMPETITIVE AND DIRECT GRANTS.
196.06 ANNUAL REPORT.
196.07 TECHNICAL STAFF.
196.08 FILES AND RECORDS CONFIDENTIAL.
196.081 VETERANS STABLE HOUSING INITIATIVE; DATA.
196.09 MS 1967 [Repealed, 1969 c 275 s 12]
196.10 MS 1994 [Repealed, 1996 c 310 s 1]
196.11 MS 1994 [Repealed, 1996 c 310 s 1]
196.12 MS 1967 [Repealed, 1969 c 275 s 12]
196.13 MS 1967 [Repealed, 1969 c 275 s 12]
196.14 MS 1994 [Repealed, 1996 c 310 s 1]
196.15 MS 1994 [Repealed, 1996 c 310 s 1]
196.16 MS 1967 [Repealed, 1969 c 275 s 12]
196.17 [Obsolete]
196.18 UNCOMPENSATED AND VOLUNTARY SERVICES; EXPENSES.
196.19 MS 2024 [Repealed, 2026 c 50 s 3]
196.20 MS 1998 [Repealed, 2000 c 390 s 16]
196.21 MS 2024 [Repealed, 2026 c 50 s 3]
196.22 POWERS AND DUTIES OF COMMISSIONER.
196.23 MS 2024 [Repealed, 2026 c 50 s 3]
196.24 MS 2024 [Repealed, 2026 c 50 s 3]
196.25 MS 2024 [Repealed, 2026 c 50 s 3]
196.26 MS 2024 [Repealed, 2026 c 50 s 3]
196.27 MS 1999 Supp [Repealed, 2000 c 390 s 16]
196.30 MS 2012 [Repealed, 2014 c 286 art 1 s 5]

196.01 CREATED.

There is hereby created and established a Department of Veterans Affairs, hereinafter referred to as the department.

History:

1943 c 420 s 1

196.02 COMMISSIONER OF VETERANS AFFAIRS.

Subdivision 1.Appointment; qualifications.

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

(1) residence in the state of Minnesota;

(2) citizenship in the United States;

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

Subd. 2.

MS 1990 [Repealed, 1991 c 326 s 27]

Subd. 3.

MS 1986 [Repealed, 1988 c 699 s 33]

196.021 DEPUTY COMMISSIONERS; DUTIES.

Subdivision 1.Appointment.

The commissioner shall appoint a deputy commissioner for veteran services, a deputy commissioner for administration, and a deputy commissioner for veteran health care. Deputy commissioners serve in the unclassified service at the pleasure of the commissioner. Deputy commissioners must be residents of Minnesota, citizens of the United States, and veterans as defined in section 197.447.

Subd. 2.Powers and duties.

The deputy commissioner for veteran services, the deputy commissioner for veteran health care, and the deputy commissioner for administration have those powers delegated by the commissioner. A delegation must be in writing, signed by the commissioner, and filed with the secretary of state.

196.03 OFFICERS AND EMPLOYEES.

All officers and employees of the department shall be appointed by the commissioner and they shall perform such duties as may be assigned to them by the commissioner.

196.04 RULES.

Subdivision 1.Promulgation.

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

Subd. 2.Existing rules to govern.

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

196.05 DUTIES OF COMMISSIONER.

Subdivision 1.General duties.

The commissioner shall:

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

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

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

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

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

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

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

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

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

(10) exercise other powers as authorized and necessary to carry out this chapter and chapters 197 and 198;

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

(12) in coordination with the Minnesota Association of County Veterans Service Officers, develop a written disclosure statement for use by private providers of veterans benefits services as required under section 197.6091. At a minimum, the written disclosure statement shall include a signature line, contact information for the department, and a statement that veterans benefits services are offered at no cost by federally chartered veterans service organizations and by county veterans service officers.

Subd. 2.Mission; efficiency.

It is part of the department's mission that within the department's resources the commissioner shall endeavor to:

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

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

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

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

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

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

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

Subd. 3.Consumer satisfaction.

(a) The commissioner shall submit a memorandum each year to the governor and the chairs and ranking minority members of the house of representatives and senate standing committees with jurisdiction over the department's programs that provides the following information:

(1) the number of calls made to each of the department's help lines by consumers and citizens regarding services provided or regulated by the department;

(2) the subject matter of the call;

(3) the number of service-related calls that were resolved;

(4) the number that remain open; and

(5) the number that were without merit.

(b) The commissioner shall publish the annual memorandum on the department's website each year no later than March 1.

196.051 MS 2014 [Repealed, 2015 c 16 s 1]

196.052 GIFT ACCEPTANCE AND INVESTMENT.

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

196.053 ACCEPTANCE OF FEDERAL FUNDS.

The commissioner is authorized to apply for and accept federal funding for purposes of this chapter.

History:

2011 c 117 s 4

196.054 USE OF FACILITIES OR SERVICES BY OUTSIDE AGENCIES.

Subdivision 1.Commissioner's authority.

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

Subd. 2.Appropriation.

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

196.055 REQUIREMENTS FOR LEGISLATIVELY DIRECTED COMPETITIVE AND DIRECT GRANTS.

Subdivision 1.Definitions.

(a) For purposes of this section, the following terms have the meanings given.

(b) "Active service member" means a person currently serving in the uniformed services of the United States:

(1) on active duty who is a resident of the state or stationed in the state; or

(2) in a reserve component who is a resident of the state.

(c) "Commissioner" means the commissioner of veterans affairs.

(d) "Dependent child" means a child under the age of 22 who is a biological or adopted child of a veteran.

(e) "Immediate family member" means a spouse or dependent child of a veteran.

(f) "Veteran" means a person who is a resident of Minnesota and who served in the armed forces of the United States of America.

Subd. 2.Grantee eligibility.

(a) To be eligible to receive a legislatively directed competitive or direct grant administered by the commissioner, the grantee must:

(1) be a Minnesota-based nonprofit organization that has been operating for at least five years;

(2) be in good standing with the Office of the Attorney General; and

(3) have a current federal tax form 990 on file with the federal Internal Revenue Service.

(b) Grants made by the commissioner pursuant to sections 190.19, subdivision 2a, paragraph (a), clauses (5) and (6); 197.608; and 197.61 are exempt from the requirements of this section.

Subd. 3.Limitations on use of grant money.

(a) A grantee may only use grant money subject to this section to provide services to:

(1) Minnesota veterans;

(2) active service members;

(3) immediate family members of a Minnesota veteran or active service member; and

(4) immediate family members of a deceased Minnesota veteran who died in the line of duty.

(b) When there are insufficient resources to serve all eligible applicants, a grantee must prioritize serving veterans with a service-connected disability.

Subd. 4.Grant application scoring system.

The commissioner must develop a grant application scoring system that evaluates grant applications based upon an applicant's demonstrated history of serving veterans. The scoring system must include measurable outcomes for veterans previously served by the applicant.

Subd. 5.Grant amounts.

The commissioner shall determine the amount of each legislatively directed competitive grant awarded based on the results of the scoring system developed pursuant to subdivision 4. The commissioner may not use a grantee's request for a designated grant amount as a factor to determine the amount of the grant awarded to the grantee.

Subd. 6.Suspension of grant money.

The commissioner may withhold amounts awarded to a grantee if the commissioner determines that the grantee has committed fraud, is under criminal investigation, has conducted itself in a manner that brings the state of Minnesota or the Department of Veterans Affairs into disrepute, or is incapable of delivering the services required under the grant agreement.

Subd. 7.Reports.

(a) Beginning in 2027, by February 15 of each year a grantee must submit a report to the commissioner that includes the following information:

(1) a summary of the purpose of the grant;

(2) the grant amount provided to the grantee;

(3) the amount of previous grants issued by the commissioner to the grantee;

(4) the amount of other state and federal grants received by the grantee in the most recent fiscal year;

(5) the number of veterans, active service members, and immediate family members served by the grantee;

(6) the number of veterans, active service members, and immediate family members who successfully completed the grantee's programming and the criteria used to determine successful completion of the program; and

(7) the grantee's charitable giving ratio.

(b) The commissioner may require a grantee to report information in addition to the required information under paragraph (a) if specified in the grantee's grant agreement with the state.

(c) Beginning in 2027, by March 1 of each year the commissioner must submit a report on grantees that received legislatively directed competitive or direct grants from the agency in the preceding year to the chairs and ranking minority members of the legislative committees with jurisdiction over veterans affairs policy and finance. The report must summarize the information and aggregate the data provided by grantees under paragraph (a).

Subd. 8.Administrative costs.

The commissioner may retain up to five percent of the amount appropriated for legislatively directed competitive and direct grants to fund administrative and compliance monitoring costs related to the grants.

Subd. 9.Interaction with other law.

Notwithstanding any law to the contrary, the requirements for grants established in this section are in addition to the applicable grants management requirements imposed under sections 16B.97 to 16B.991.

History:

2026 c 96 s 3

196.06 ANNUAL REPORT.

Subdivision 1.To governor.

The commissioner shall make an annual written report to the governor giving:

(a) an account of all money received and disbursed;

(b) a description of the work done;

(c) administrative improvements;

(d) activities of the department;

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

(f) the number of veterans on relief rolls;

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

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

Subd. 2.

MS 1994 [Repealed, 1996 c 310 s 1]

History:

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

196.07 TECHNICAL STAFF.

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

History:

1943 c 420 s 7

196.08 FILES AND RECORDS CONFIDENTIAL.

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

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

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

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

(b) Notwithstanding section 382.16, and except as authorized in paragraph (c), no government entity may release the contents of, or any files, records, reports, papers, or documents pertaining to, United States government form DD214 or DD215 or any other certificate of discharge from military service to any person unless that person:

(1) provides proof of identity;

(2) demonstrates tangible interest; and

(3) completes the required release form prepared by the government entity.

(c) This section does not prohibit the release of forms DD214 and DD215 or other certificates of discharge from military service by an employee or official within a government entity to another employee or official within that government entity for purposes of performance of official duties, or to another government veteran service entity for purposes of locating records.

(d) Forms DD214 and DD215 and certificates of discharge from military service filed with a government agency on or after January 1, 2004, are classified as private data on individuals under section 13.02, subdivision 12.

(e) Notwithstanding section 386.015, subdivision 5, no fee may be charged by a government entity for the release of information to a qualified person under this section.

(f) For purposes of paragraph (b), a person who has a tangible interest is:

(1) the subject of the record, report, paper, or document;

(2) the surviving spouse of the subject, if the subject is deceased;

(3) a surviving child of the subject, if the subject is deceased and there is no surviving spouse;

(4) a surviving parent of the subject, if the subject is deceased and there is no surviving spouse or surviving children; and

(5) a duly appointed guardian, an attorney in fact, or a duly authorized representative.

(g) For purposes of this section, the term "government entity" has the meaning given in section 13.02, subdivision 7a.

196.081 VETERANS STABLE HOUSING INITIATIVE; DATA.

(a) The commissioner may establish a veterans stable housing initiative. If the commissioner establishes a veterans stable housing initiative under this section, the commissioner must provide resources and support to assist veterans experiencing homelessness in obtaining or maintaining stable housing.

(b) Data on individuals maintained by the commissioner in the Homeless Veteran Registry for purposes of the veterans stable housing initiative is private data on individuals as defined in section 13.02, subdivision 12, and must not be disclosed or shared except for coordinating homelessness prevention efforts with:

(1) members of the Minnesota Interagency Council on Homelessness; and

(2) Homeless Veteran Registry partners to address a veteran's episode of homelessness or maintain a veteran's housing plan through Department of Veterans Affairs funded programs.

(c) For purposes of this section, "homelessness" means that a veteran lacks a fixed, nighttime residence.

196.09 MS 1967 [Repealed, 1969 c 275 s 12]
196.10 MS 1994 [Repealed, 1996 c 310 s 1]
196.11 MS 1994 [Repealed, 1996 c 310 s 1]
196.12 MS 1967 [Repealed, 1969 c 275 s 12]
196.13 MS 1967 [Repealed, 1969 c 275 s 12]
196.14 MS 1994 [Repealed, 1996 c 310 s 1]
196.15 MS 1994 [Repealed, 1996 c 310 s 1]
196.16 MS 1967 [Repealed, 1969 c 275 s 12]
196.17 [Obsolete]

196.18 UNCOMPENSATED AND VOLUNTARY SERVICES; EXPENSES.

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

History:

1980 c 414 s 1

196.19 MS 2024 [Repealed, 2026 c 50 s 3]
196.20 MS 1998 [Repealed, 2000 c 390 s 16]
196.21 MS 2024 [Repealed, 2026 c 50 s 3]

196.22 POWERS AND DUTIES OF COMMISSIONER.

Subdivision 1.

MS 2024 [Repealed, 2026 c 50 s 3]

Subd. 2.

MS 2024 [Repealed, 2026 c 50 s 3]

Subd. 3.

MS 2024 [Repealed, 2026 c 50 s 3]

Subd. 4.

MS 1996 [Repealed, 1997 c 7 art 2 s 67]

Subd. 5.

MS 2024 [Repealed, 2026 c 50 s 3]

Subd. 6.Support for veterans' initiatives; report.

The commissioner may direct nonmonetary agency resources, as available, to support initiatives relating to veterans' food insecurity, homelessness, suicide prevention, and other critical issues. By October 15 of each year, the commissioner must submit a report to the governor and the chairs and ranking minority members of the legislative committees with jurisdiction over veterans affairs that provides information on the resources expended and the critical issues that were supported during the previous year.

196.23 MS 2024 [Repealed, 2026 c 50 s 3]
196.24 MS 2024 [Repealed, 2026 c 50 s 3]
196.25 MS 2024 [Repealed, 2026 c 50 s 3]
196.26 MS 2024 [Repealed, 2026 c 50 s 3]
196.27 MS 1999 Supp [Repealed, 2000 c 390 s 16]
196.30 MS 2012 [Repealed, 2014 c 286 art 1 s 5]

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