1.2relating to veterans; making changes to various provisions related to veterans;
1.3modifying certain provisions related to veterans income tax issues; making
1.4changes to the GI Bill; modifying county veteran service officer grants;
1.5appropriating money for the Gold Star Program and to certain veterans service
1.6organizations; providing civil immunity for participation in the yellow ribbon
1.7program in certain situations; providing a military retirement pay subtraction;
1.8providing a veterans jobs tax credit; making honor guard funding permanent;
1.9authorizing a special veterans license plate; creating a special lottery game for
1.10veterans; designating the Honor and Remember Flag as an official symbol of the
1.11state's commitment to military service members who have lost their lives in
1.12service to our country; establishing a presumption of rehabilitation through a
1.13person's honorable military service following a prior offense; extending the
1.14market value exclusion for surviving spouses; appropriating money for a new
1.15veterans cemetery; authorizing American Indian veterans plaque; appropriating
1.16money;amending Minnesota Statutes 2012, sections 124D.09, subdivision
1.179; 197.608, subdivisions 3, 4, 5, 6; 197.791, subdivisions 1, 4, 5; 273.13,
1.18subdivision 34; 290.01, subdivision 19b; 290.0677, subdivisions 1a, 2; 290.091,
1.19subdivision 2; 364.03, subdivision 3; proposing coding for new law in Minnesota
1.20Statutes, chapters 168; 192; 196; 197; 290; 349A; repealing Minnesota Statutes
1.212012, section 197.608, subdivision 2a.
1.22BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.25 Section 1. Minnesota Statutes 2012, section 273.13, subdivision 34, is amended to read:
1.26 Subd. 34.
Homestead of disabled veteran or family caregiver. (a) All or a
1.27portion of the market value of property owned by a veteran and serving as the veteran's
1.28homestead under this section is excluded in determining the property's taxable market
1.29value if the veteran has a service-connected disability of 70 percent or more as certified
1.30by the United States Department of Veterans Affairs. To qualify for exclusion under this
2.1subdivision, the veteran must have been honorably discharged from the United States
2.2armed forces, as indicated by United States Government Form DD214 or other official
2.3military discharge papers.
2.4 (b)(1) For a disability rating of 70 percent or more, $150,000 of market value is
2.5excluded, except as provided in clause (2); and
2.6 (2) for a total (100 percent) and permanent disability, $300,000 of market value is
2.7excluded.
2.8 (c) If a disabled veteran qualifying for a valuation exclusion under paragraph (b),
2.9clause (2), predeceases the veteran's spouse, and if upon the death of the veteran the
2.10spouse holds the legal or beneficial title to the homestead and permanently resides there,
2.11the exclusion shall carry over to the benefit of the veteran's spouse
for the current taxes
2.12payable year and for five additional taxes payable years or until such time as the spouse
2.13remarries, or sells, transfers, or otherwise disposes of the property
, whichever comes first.
2.14Qualification under this paragraph requires an annual application under paragraph (h).
2.15(d) If the spouse of a member of any branch or unit of the United States armed
2.16forces who dies due to a service-connected cause while serving honorably in active
2.17service, as indicated on United States Government Form DD1300 or DD2064, holds
2.18the legal or beneficial title to a homestead and permanently resides there, the spouse is
2.19entitled to the benefit described in paragraph (b), clause (2),
for five taxes payable years,
2.20or until such time as the spouse remarries or sells, transfers, or otherwise disposes of the
2.21property
, whichever comes first.
2.22(e) If a veteran meets the disability criteria of paragraph (a) but does not own
2.23property classified as homestead in the state of Minnesota, then the homestead of the
2.24veteran's primary family caregiver, if any, is eligible for the exclusion that the veteran
2.25would otherwise qualify for under paragraph (b).
2.26 (f) In the case of an agricultural homestead, only the portion of the property
2.27consisting of the house and garage and immediately surrounding one acre of land qualifies
2.28for the valuation exclusion under this subdivision.
2.29 (g) A property qualifying for a valuation exclusion under this subdivision is not
2.30eligible for the market value exclusion under subdivision 35, or classification under
2.31subdivision 22, paragraph (b).
2.32 (h) To qualify for a valuation exclusion under this subdivision a property owner
2.33must apply to the assessor by July 1 of each assessment year, except that an annual
2.34reapplication is not required once a property has been accepted for a valuation exclusion
2.35under paragraph (a) and qualifies for the benefit described in paragraph (b), clause (2), and
2.36the property continues to qualify until there is a change in ownership. For an application
3.1received after July 1 of any calendar year, the exclusion shall become effective for the
3.2following assessment year.
3.3(i) A first-time application by a qualifying spouse for the market value exclusion under
3.4paragraph (d) must be made any time within two years of the death of the service member.
3.5(j) For purposes of this subdivision:
3.6(1) "active service" has the meaning given in section
190.05;
3.7(2) "own" means that the person's name is present as an owner on the property deed;
3.8(3) "primary family caregiver" means a person who is approved by the secretary of
3.9the United States Department of Veterans Affairs for assistance as the primary provider
3.10of personal care services for an eligible veteran under the Program of Comprehensive
3.11Assistance for Family Caregivers, codified as United States Code, title 38, section 1720G;
3.12and
3.13(4) "veteran" has the meaning given the term in section
197.447.
3.14(k) The purpose of this provision of law providing a level of homestead property tax
3.15relief for gravely disabled veterans, their primary family caregivers, and their surviving
3.16spouses is to help ease the burdens of war for those among our state's citizens who bear
3.17those burdens most heavily.
3.18EFFECTIVE DATE.This section is effective beginning with taxes payable in 2014.
3.19 Sec. 2. Minnesota Statutes 2012, section 290.01, subdivision 19b, is amended to read:
3.20 Subd. 19b.
Subtractions from federal taxable income. For individuals, estates,
3.21and trusts, there shall be subtracted from federal taxable income:
3.22 (1) net interest income on obligations of any authority, commission, or
3.23instrumentality of the United States to the extent includable in taxable income for federal
3.24income tax purposes but exempt from state income tax under the laws of the United States;
3.25 (2) if included in federal taxable income, the amount of any overpayment of income
3.26tax to Minnesota or to any other state, for any previous taxable year, whether the amount
3.27is received as a refund or as a credit to another taxable year's income tax liability;
3.28 (3) the amount paid to others, less the amount used to claim the credit allowed under
3.29section
290.0674, not to exceed $1,625 for each qualifying child in grades kindergarten
3.30to 6 and $2,500 for each qualifying child in grades 7 to 12, for tuition, textbooks, and
3.31transportation of each qualifying child in attending an elementary or secondary school
3.32situated in Minnesota, North Dakota, South Dakota, Iowa, or Wisconsin, wherein a
3.33resident of this state may legally fulfill the state's compulsory attendance laws, which
3.34is not operated for profit, and which adheres to the provisions of the Civil Rights Act
3.35of 1964 and chapter 363A. For the purposes of this clause, "tuition" includes fees or
4.1tuition as defined in section
290.0674, subdivision 1, clause (1). As used in this clause,
4.2"textbooks" includes books and other instructional materials and equipment purchased
4.3or leased for use in elementary and secondary schools in teaching only those subjects
4.4legally and commonly taught in public elementary and secondary schools in this state.
4.5Equipment expenses qualifying for deduction includes expenses as defined and limited in
4.6section
290.0674, subdivision 1, clause (3). "Textbooks" does not include instructional
4.7books and materials used in the teaching of religious tenets, doctrines, or worship, the
4.8purpose of which is to instill such tenets, doctrines, or worship, nor does it include books
4.9or materials for, or transportation to, extracurricular activities including sporting events,
4.10musical or dramatic events, speech activities, driver's education, or similar programs. No
4.11deduction is permitted for any expense the taxpayer incurred in using the taxpayer's or
4.12the qualifying child's vehicle to provide such transportation for a qualifying child. For
4.13purposes of the subtraction provided by this clause, "qualifying child" has the meaning
4.14given in section 32(c)(3) of the Internal Revenue Code;
4.15 (4) income as provided under section
290.0802;
4.16 (5) to the extent included in federal adjusted gross income, income realized on
4.17disposition of property exempt from tax under section
290.491;
4.18 (6) to the extent not deducted or not deductible pursuant to section 408(d)(8)(E)
4.19of the Internal Revenue Code in determining federal taxable income by an individual
4.20who does not itemize deductions for federal income tax purposes for the taxable year, an
4.21amount equal to 50 percent of the excess of charitable contributions over $500 allowable
4.22as a deduction for the taxable year under section 170(a) of the Internal Revenue Code,
4.23under the provisions of Public Law 109-1 and Public Law 111-126;
4.24 (7) for individuals who are allowed a federal foreign tax credit for taxes that do not
4.25qualify for a credit under section
290.06, subdivision 22, an amount equal to the carryover
4.26of subnational foreign taxes for the taxable year, but not to exceed the total subnational
4.27foreign taxes reported in claiming the foreign tax credit. For purposes of this clause,
4.28"federal foreign tax credit" means the credit allowed under section 27 of the Internal
4.29Revenue Code, and "carryover of subnational foreign taxes" equals the carryover allowed
4.30under section 904(c) of the Internal Revenue Code minus national level foreign taxes to
4.31the extent they exceed the federal foreign tax credit;
4.32 (8) in each of the five tax years immediately following the tax year in which an
4.33addition is required under subdivision 19a, clause (7), or 19c, clause (15), in the case of a
4.34shareholder of a corporation that is an S corporation, an amount equal to one-fifth of the
4.35delayed depreciation. For purposes of this clause, "delayed depreciation" means the amount
4.36of the addition made by the taxpayer under subdivision 19a, clause (7), or subdivision 19c,
5.1clause (15), in the case of a shareholder of an S corporation, minus the positive value of
5.2any net operating loss under section 172 of the Internal Revenue Code generated for the
5.3tax year of the addition. The resulting delayed depreciation cannot be less than zero;
5.4 (9) job opportunity building zone income as provided under section
469.316;
5.5 (10) to the extent included in federal taxable income, the amount of compensation
5.6paid to members of the Minnesota National Guard or other reserve components of the
5.7United States military for active service, excluding compensation for services performed
5.8under the Active Guard Reserve (AGR) program. For purposes of this clause, "active
5.9service" means (i) state active service as defined in section
190.05, subdivision 5a, clause
5.10(1); or (ii) federally funded state active service as defined in section
190.05, subdivision
5.115b
, but "active service" excludes service performed in accordance with section
190.08,
5.12subdivision 3
;
5.13 (11) to the extent included in federal taxable income, the amount of compensation
5.14paid to Minnesota residents who are members of the armed forces of the United States
5.15or United Nations for active duty performed under United States Code, title 10; or the
5.16authority of the United Nations;
5.17 (12) an amount, not to exceed $10,000, equal to qualified expenses related to a
5.18qualified donor's donation, while living, of one or more of the qualified donor's organs
5.19to another person for human organ transplantation. For purposes of this clause, "organ"
5.20means all or part of an individual's liver, pancreas, kidney, intestine, lung, or bone marrow;
5.21"human organ transplantation" means the medical procedure by which transfer of a human
5.22organ is made from the body of one person to the body of another person; "qualified
5.23expenses" means unreimbursed expenses for both the individual and the qualified donor
5.24for (i) travel, (ii) lodging, and (iii) lost wages net of sick pay, except that such expenses
5.25may be subtracted under this clause only once; and "qualified donor" means the individual
5.26or the individual's dependent, as defined in section 152 of the Internal Revenue Code. An
5.27individual may claim the subtraction in this clause for each instance of organ donation for
5.28transplantation during the taxable year in which the qualified expenses occur;
5.29 (13) in each of the five tax years immediately following the tax year in which an
5.30addition is required under subdivision 19a, clause (8), or 19c, clause (16), in the case of a
5.31shareholder of a corporation that is an S corporation, an amount equal to one-fifth of the
5.32addition made by the taxpayer under subdivision 19a, clause (8), or 19c, clause (16), in the
5.33case of a shareholder of a corporation that is an S corporation, minus the positive value of
5.34any net operating loss under section 172 of the Internal Revenue Code generated for the
5.35tax year of the addition. If the net operating loss exceeds the addition for the tax year, a
5.36subtraction is not allowed under this clause;
6.1 (14) to the extent included in the federal taxable income of a nonresident of
6.2Minnesota, compensation paid to a service member as defined in United States Code, title
6.310, section 101(a)(5), for military service as defined in the Servicemembers Civil Relief
6.4Act, Public Law 108-189, section 101(2);
6.5 (15) to the extent included in federal taxable income, the amount of national service
6.6educational awards received from the National Service Trust under United States Code,
6.7title 42, sections 12601 to 12604, for service in an approved Americorps National Service
6.8program;
6.9(16) to the extent included in federal taxable income, discharge of indebtedness
6.10income resulting from reacquisition of business indebtedness included in federal taxable
6.11income under section 108(i) of the Internal Revenue Code. This subtraction applies only
6.12to the extent that the income was included in net income in a prior year as a result of the
6.13addition under section
290.01, subdivision 19a, clause (16);
and
6.14(17) the amount of the net operating loss allowed under section
290.095, subdivision
6.1511
, paragraph (c)
.; and
6.16(18) to the extent included in federal taxable income, compensation received from a
6.17pension or other retirement pay from the federal government for service in the military,
6.18as computed under United States Code, title 10, sections 1401 to 1414, 1447 to 1455,
6.19and 12733.
6.20EFFECTIVE DATE.This section is effective for taxable years beginning after
6.21December 31, 2012.
6.22 Sec. 3. Minnesota Statutes 2012, section 290.0677, subdivision 1a, is amended to read:
6.23 Subd. 1a.
Credit allowed; past military service. (a) A qualified individual is
6.24allowed a credit against the tax imposed under this chapter for past military service. The
6.25credit equals $750. The credit allowed under this subdivision is reduced by
ten five percent
6.26of adjusted gross income in excess of $30,000, but in no case is the credit less than zero.
6.27 (b) For a nonresident or a part-year resident, the credit under this subdivision
6.28must be allocated based on the percentage calculated under section
290.06, subdivision
6.292c, paragraph (e).
6.30EFFECTIVE DATE.This section is effective for taxable years beginning after
6.31December 31, 2012.
6.32 Sec. 4. Minnesota Statutes 2012, section 290.0677, subdivision 2, is amended to read:
7.1 Subd. 2.
Definitions. (a) For purposes of this section
, the following terms have
7.2the meanings given.
7.3 (b) "Designated area" means a:
7.4 (1) combat zone designated by Executive Order from the President of the United
7.5States;
7.6 (2) qualified hazardous duty area, designated in Public Law; or
7.7 (3) location certified by the U. S. Department of Defense as eligible for combat zone
7.8tax benefits due to the location's direct support of military operations.
7.9 (c) "Active military service" means active duty service in any of the United States
7.10armed forces, the National Guard, or reserves.
7.11 (d) "Qualified individual" means an individual who has
:
7.12 (1)
either (i) met one of the following criteria:
7.13 (i) has served at least 20 years in the military
or;
7.14 (ii) has a service-connected disability rating of 100 percent for a total and permanent
7.15disability;
or
7.16 (iii) has been determined by the military to be eligible for compensation from a
7.17pension or other retirement pay from the federal government for service in the military,
7.18as computed under United States Code, title 10, sections 1401 to 1414, 1447 to 1455,
7.19or 12733; and
7.20 (2) separated from military service before the end of the taxable year.
7.21 (e) "Adjusted gross income" has the meaning given in section 61 of the Internal
7.22Revenue Code.
7.23EFFECTIVE DATE.This section is effective for taxable years beginning after
7.24December 31, 2012.
7.25 Sec. 5.
[290.0693] VETERANS JOBS TAX CREDIT.
7.26 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
7.27have the meanings given.
7.28(b)(1) "Qualified employee" means an employee as defined in section 290.92,
7.29subdivision 1, who meets the following criteria:
7.30(i) the employee is a resident of Minnesota on the date of hire;
7.31(ii) the employee is paid wages as defined in section 290.92, subdivision 1; and
7.32(iii) the employee's wages are attributable to Minnesota under section 290.191,
7.33subdivision 12;
7.34(2) "Qualified employee" does not include:
8.1(i) any employee who bears any of the relationships to the employer described in
8.2subparagraphs (A) to (G) of section 152(d)(2) of the Internal Revenue Code;
8.3(ii) if the employer is a corporation, an employee who owns, directly or indirectly,
8.4more than 50 percent in value of the outstanding stock of the corporation, or if the
8.5employer is an entity other than a corporation, an employee who owns, directly or
8.6indirectly, more than 50 percent of the capital and profits interests in the entity, as
8.7determined with the application of section 267(c) of the Internal Revenue Code; or
8.8(iii) if the employer is an estate or trust, any employee who is a fiduciary of the estate
8.9or trust, or is an individual who bears any of the relationships described in subparagraphs
8.10(A) to (G) of section 152(d)(2) of the Internal Revenue Code to a grantor, beneficiary,
8.11or fiduciary of the estate or trust.
8.12(c) "Qualified employer" means an employer that hired a disabled veteran, an
8.13unemployed veteran, or a veteran as a qualified employee.
8.14(d) "Disabled veteran" is a veteran who has a service-connected disability rating
8.15as adjudicated by the United States Department of Veterans Affairs, or by the retirement
8.16board of one of the several branches of the armed forces.
8.17(e) "Unemployed veteran" is a veteran who:
8.18(1) received unemployment compensation under state or federal law at any time
8.19during the two-year period prior to the date of hire; and
8.20(2) was unemployed on the date of hire.
8.21(f) "Veteran" has the meaning given in section 197.447.
8.22(g) "Date of hire" means the day that the qualified employee begins performing
8.23services as an employee of the qualified employer.
8.24 Subd. 2. Credit allowed. (a) A qualified employer is allowed a credit for each
8.25of the following individuals that the qualified employer hires as a qualified employee
8.26during the taxable year:
8.27(1) a disabled veteran;
8.28(2) an unemployed veteran; or
8.29(3) a veteran.
8.30(b) Subject to the requirements of this section, there is no limit to the number of
8.31credits that a qualified employer may claim under this section during a taxable year.
8.32 Subd. 3. Credit amount for hiring certain veterans. (a) A qualified employer who
8.33is required to file a return under section 289A.08, subdivision 1, 2, or 3, is allowed a credit
8.34against the tax imposed by this chapter as determined under this subdivision.
9.1(b) For hiring a disabled veteran as a qualified employee, the credit equals ten
9.2percent of the wages paid to the qualified employee during the taxable year, but the
9.3amount of the credit shall not exceed $3,000.
9.4(c) For hiring an unemployed veteran as a qualified employee, the credit equals
9.5ten percent of the wages paid to the qualified employee during the taxable year, but the
9.6amount of the credit shall not exceed $1,500.
9.7(d) For hiring a veteran as a qualified employee, the credit equals ten percent
9.8of the wages paid to the qualified employee during the taxable year, but the amount of
9.9the credit shall not exceed $500.
9.10(e) The credit is limited to the liability for tax under this chapter for the taxable year.
9.11If the credit for a taxable year exceeds the liability for tax under this chapter, the excess
9.12may not be carried over to a subsequent taxable year.
9.13(f) A qualified employer may claim the credit available under paragraph (b), (c), or
9.14(d) either for the taxable year in which the qualified employee is hired or for the taxable
9.15year immediately following the year in which the qualified employee was hired, but the
9.16qualified employer may not claim the credit for both taxable years.
9.17(g) A qualified employer is allowed only one of the credits authorized under
9.18paragraphs (b) to (d) upon hiring a disabled veteran, an unemployed veteran, or a veteran
9.19as a qualified employee.
9.20(h) A qualified employer may not claim a credit under this subdivision for hiring a
9.21disabled veteran, an unemployed veteran, or a veteran as a qualified employee if the
9.22qualified employer currently employs or has previously employed the disabled veteran,
9.23unemployed veteran, or veteran.
9.24 Subd. 4. Flow-through entities. Credits granted to a partnership, limited liability
9.25company taxed as a partnership, S corporation, or multiple owners of a business are passed
9.26through to the partners, members, shareholders, or owners, respectively, pro rata to each
9.27partner, member, shareholder, or owner based on their share of the entity's assets or as
9.28specially allocated in their organizational documents, as of the last day of the taxable year.
9.29EFFECTIVE DATE.This section is effective for taxable years beginning after
9.30December 31, 2012.
9.31 Sec. 6. Minnesota Statutes 2012, section 290.091, subdivision 2, is amended to read:
9.32 Subd. 2.
Definitions. For purposes of the tax imposed by this section, the following
9.33terms have the meanings given:
9.34 (a) "Alternative minimum taxable income" means the sum of the following for
9.35the taxable year:
10.1 (1) the taxpayer's federal alternative minimum taxable income as defined in section
10.255(b)(2) of the Internal Revenue Code;
10.3 (2) the taxpayer's itemized deductions allowed in computing federal alternative
10.4minimum taxable income, but excluding:
10.5 (i) the charitable contribution deduction under section 170 of the Internal Revenue
10.6Code;
10.7 (ii) the medical expense deduction;
10.8 (iii) the casualty, theft, and disaster loss deduction; and
10.9 (iv) the impairment-related work expenses of a disabled person;
10.10 (3) for depletion allowances computed under section 613A(c) of the Internal
10.11Revenue Code, with respect to each property (as defined in section 614 of the Internal
10.12Revenue Code), to the extent not included in federal alternative minimum taxable income,
10.13the excess of the deduction for depletion allowable under section 611 of the Internal
10.14Revenue Code for the taxable year over the adjusted basis of the property at the end of the
10.15taxable year (determined without regard to the depletion deduction for the taxable year);
10.16 (4) to the extent not included in federal alternative minimum taxable income, the
10.17amount of the tax preference for intangible drilling cost under section 57(a)(2) of the
10.18Internal Revenue Code determined without regard to subparagraph (E);
10.19 (5) to the extent not included in federal alternative minimum taxable income, the
10.20amount of interest income as provided by section
290.01, subdivision 19a, clause (1); and
10.21 (6) the amount of addition required by section
290.01, subdivision 19a, clauses (7)
10.22to (9), (12), (13), and (16) to (18);
10.23 less the sum of the amounts determined under the following:
10.24 (1) interest income as defined in section
290.01, subdivision 19b, clause (1);
10.25 (2) an overpayment of state income tax as provided by section
290.01, subdivision
10.2619b
, clause (2), to the extent included in federal alternative minimum taxable income;
10.27 (3) the amount of investment interest paid or accrued within the taxable year on
10.28indebtedness to the extent that the amount does not exceed net investment income, as
10.29defined in section 163(d)(4) of the Internal Revenue Code. Interest does not include
10.30amounts deducted in computing federal adjusted gross income;
10.31 (4) amounts subtracted from federal taxable income as provided by section
290.01,
10.32subdivision 19b
, clauses (6), (8) to (14),
and (16)
, and (18); and
10.33(5) the amount of the net operating loss allowed under section
290.095, subdivision
10.3411
, paragraph (c).
10.35 In the case of an estate or trust, alternative minimum taxable income must be
10.36computed as provided in section 59(c) of the Internal Revenue Code.
11.1 (b) "Investment interest" means investment interest as defined in section 163(d)(3)
11.2of the Internal Revenue Code.
11.3 (c) "Net minimum tax" means the minimum tax imposed by this section.
11.4 (d) "Regular tax" means the tax that would be imposed under this chapter (without
11.5regard to this section and section 290.032), reduced by the sum of the nonrefundable
11.6credits allowed under this chapter.
11.7 (e) "Tentative minimum tax" equals 6.4 percent of alternative minimum taxable
11.8income after subtracting the exemption amount determined under subdivision 3.
11.9EFFECTIVE DATE.This section is effective for taxable years beginning after
11.10December 31, 2012.
11.12COUNTY VETERANS SERVICE OFFICERS
11.13 Section 1. Minnesota Statutes 2012, section 197.608, subdivision 3, is amended to read:
11.14 Subd. 3.
Eligibility. (a) To be eligible for a grant under
this program subdivision 6,
11.15a county must employ a county veterans service officer as authorized by sections
197.60
11.16and
197.606, who is certified to serve in this position by the commissioner.
11.17(b) A county that employs a newly hired county veterans service officer who is
11.18serving an initial probationary period and who has not been certified by the commissioner
11.19is eligible to receive a grant under subdivision
2a 6 for one year from the date the county
11.20veterans service officer is appointed.
11.21(c)
Except for the situation described in paragraph (b), A county whose county
11.22veterans service officer does not receive certification
during any year of the three-year
11.23cycle is not eligible to receive a grant during the remainder of that cycle or the next
11.24three-year cycle by the end of the first year of the county veterans service officer's
11.25appointment is ineligible for the grant under subdivision 6 until the county veterans
11.26service officer receives certification.
11.27 Sec. 2. Minnesota Statutes 2012, section 197.608, subdivision 4, is amended to read:
11.28 Subd. 4.
Grant process. (a) The commissioner shall determine the process for
11.29awarding grants. A grant may be used only for the purpose of enhancing the operations of
11.30the County Veterans Service Office.
11.31(b) The commissioner shall provide a list of qualifying uses for grant expenditures
11.32as developed in subdivision 5 and shall approve a grant
under subdivision 6 only for a
12.1qualifying use and if there are sufficient funds remaining in the grant program to cover the
12.2full amount of the grant.
12.3(c) The commissioner is authorized to use any unexpended funding for this program
12.4to provide training and education for county veterans service officers.
12.5 Sec. 3. Minnesota Statutes 2012, section 197.608, subdivision 5, is amended to read:
12.6 Subd. 5.
Qualifying uses. The commissioner shall consult with the Minnesota
12.7Association of County Veterans Service Officers in developing a list of qualifying uses for
12.8grants awarded under
this program subdivision 6.
12.9The commissioner is authorized to use any unexpended funding for this program to
12.10provide training and education for county veterans service officers.
12.11 Sec. 4. Minnesota Statutes 2012, section 197.608, subdivision 6, is amended to read:
12.12 Subd. 6.
Grant amount. (a) Each county is eligible to receive an annual grant of
12.13$7,500 for the following purposes:
12.14(1) to provide outreach to the county's veterans;
12.15(2) to assist in the reintegration of combat veterans into society;
12.16(3) to collaborate with other social service agencies, educational institutions, and
12.17other community organizations for the purposes of enhancing services offered to veterans;
12.18(4) to reduce homelessness among veterans; and
12.19(5) to enhance the operations of the county veterans service office.
12.20(b) In addition to the grant amount in paragraph (a), each county is eligible to receive
12.21an additional annual grant under this paragraph. The amount of each
additional annual
12.22grant must be determined by the commissioner and may not exceed:
12.23(1)
$1,400 $0, if the county's veteran population is less than 1,000;
12.24(2)
$2,800 $2,500, if the county's veteran population is 1,000 or more but less than
12.253,000;
12.26(3)
$4,200 $5,000, if the county's veteran population is 3,000 or more but less
then
12.2710,000 than 4,999;
or
12.28(4)
$5,600 $7,500, if the county's veteran population is
10,000 5,000 or more
. but
12.29less than 9,999;
12.30(5) $10,000, if the county's veteran population is 10,000 or more but less than 19,999;
12.31(6) $15,000, if the county's veteran population is 20,000 or more but less than
12.3229,999; or
12.33(7) $20,000, if the county's veteran population is 30,000 or more.
13.1(c) The Minnesota Association of County Veterans Service Officers is eligible to
13.2receive an annual grant of $50,000. The grant shall be used for administrative costs of
13.3the association, certification of mandated county veterans service officer training and
13.4accreditation, and costs associated with reintegration services.
13.5The veteran population of each county shall be determined by the figure supplied by
13.6the United States Department of Veterans Affairs, as adopted by the commissioner.
13.7 Sec. 5.
VETERANS SERVICE OFFICE; APPROPRIATION.
13.8$1,005,000 is appropriated in fiscal year 2014 and $1,005,000 is appropriated in fiscal
13.9year 2015 from the general fund to the commissioner of veterans affairs for the additional
13.10grants authorized by section 4. This amount is added to the agency's base budget.
13.11 Sec. 6.
REPEALER.
13.12Minnesota Statutes 2012, section 197.608, subdivision 2a, is repealed.
13.14MISCELLANEOUS VETERANS PROVISIONS
13.15 Section 1. Minnesota Statutes 2012, section 124D.09, subdivision 9, is amended to read:
13.16 Subd. 9.
Enrollment priority. (a) A postsecondary institution shall give priority
13.17to its postsecondary students when enrolling 10th, 11th, and 12th grade pupils in its
13.18courses. A postsecondary institution may provide information about its programs to a
13.19secondary school or to a pupil or parent and it may advertise or otherwise recruit or solicit
13.20a secondary pupil to enroll in its programs on educational and programmatic grounds only.
13.21An institution must not enroll secondary pupils, for postsecondary enrollment options
13.22purposes, in remedial, developmental, or other courses that are not college level. Once a
13.23pupil has been enrolled in a postsecondary course under this section, the pupil shall not
13.24be displaced by another student.
13.25(b) If a postsecondary institution enrolls a secondary school pupil in a course under
13.26this section, the postsecondary institution may not deny access to that same course to an
13.27otherwise enrolled and qualified postsecondary student who qualifies as a veteran under
13.28section 197.447, and who can demonstrate to the postsecondary institution's satisfaction
13.29that the institution's established enrollment timelines were not practicable for that student.
13.30EFFECTIVE DATE.This section is effective July 1, 2013.
14.1 Sec. 2.
[192.535] CIVIL IMMUNITY; BEYOND THE YELLOW RIBBON
14.2PROGRAM.
14.3 Subdivision 1. Definitions. As used in this section, the following terms have the
14.4meanings given them:
14.5(1) "program" means the "Beyond the Yellow Ribbon" program;
14.6(2) "program administrator" means any individual with responsibility for
14.7coordinating the program or coordinating volunteers participating in the program;
14.8(3) "services" means any voluntary assistance coordinated by the program that is
14.9related to the home maintenance, transportation, physical or emotional health, personal
14.10finances, or other similar needs of a service member, a retired service member, or a veteran;
14.11(4) "service member" means a person serving in active military service, as defined
14.12in section 190.05, subdivision 5;
14.13(5) "retired service member" means a former service member who has been awarded
14.14an honorable discharge or a medical discharge under honorable conditions from any
14.15branch or unit of the United States armed forces, and is eligible for a pension or other
14.16retirement pay from the federal government for service in the military; and
14.17(6) "veteran" has the meaning given in section 197.447.
14.18 Subd. 2. Civil immunity. (a) A program administrator and any person that, in good
14.19faith, participates in any capacity in the program and provides services is not liable for
14.20damages resulting from the acts or omissions by that person in providing the services,
14.21unless the damage is the result of a willful, wanton, or reckless act or omission of the
14.22person providing the service.
14.23(b) A recipient of services provided by a person participating in any capacity in the
14.24program is not liable for damages incurred by the person in the course of providing the
14.25services, unless the damage is the result of a willful, wanton, or reckless act or omission of
14.26the recipient.
14.27 Subd. 3. Exception. This section does not apply:
14.28(1) to the extent the acts or omissions are covered by an insurance policy issued to
14.29the person or to the entity providing the services; and
14.30(2) to a person who provides services during the course of the person's regular
14.31employment and for which the person receives compensation.
14.32EFFECTIVE DATE.This section is effective the day following final enactment
14.33and applies to damages incurred on or after that date.
14.34 Sec. 3.
[197.987] HONOR AND REMEMBER FLAG.
15.1 Subdivision 1. Legislative findings. The legislature of the state of Minnesota finds
15.2and determines that:
15.3(1) since the Revolutionary War, more than 1,000,000 members of the United States
15.4armed forces have paid the ultimate price by sacrificing their lives in active military
15.5service for the United States of America;
15.6(2) the contribution made by those fallen members of the armed forces is deserving
15.7of state and national recognition; and
15.8(3) the Honor and Remember Flag is an appropriate symbol that acknowledges the
15.9selfless sacrifice of those members of the United States armed forces.
15.10 Subd. 2. Designation. The Honor and Remember Flag described in subdivision
15.113 is designated as the symbol of our state's concern and commitment to honoring and
15.12remembering the lives of all members of the United States armed forces who have lost
15.13their lives in the line of duty while serving honorably in active military service in the
15.14United States armed forces or of a service-connected cause due to or aggravated by that
15.15service, as determined by the United States Department of Defense or the United States
15.16Department of Veterans Affairs. This designation is contingent on the flag being available
15.17for purchase at a reasonable price.
15.18 Subd. 3. Description. The Honor and Remember Flag shall conform substantially
15.19to the following description: The Honor and Remember Flag is the same standard
15.20proportions as the flag of the United States of America. Its design contains a red field that
15.21occupies the top three-quarters and a white field that occupies the bottom quarter of the
15.22flag. In the center of the red field is a five-pointed, gold star with the top point located
15.23near the top of the red field and the two bottom points extending about one-quarter of the
15.24way into the white field. The gold star has a white border surrounded by a blue border.
15.25Between the two bottom points of the star is a tri-folded American flag displaying the blue
15.26field and some stars, which is the configuration of the American flag presented to the
15.27family of the deceased at a military memorial service. At the top of the tri-folded flag,
15.28extending into the center of the gold star, is a stylized, three-part flame, with one blue part
15.29and two red parts. In the white field below the tri-folded flag, the words "Honor and
15.30Remember" are centered. The Honor and Remember Flag is protected by U. S. copyright,
15.31registration number VA0001670661, owned by Honor and Remember, Inc.
15.32 Subd. 4. Suggested days for flag display. (a) The chief administrator of each
15.33governmental building or facility within this state, as defined in paragraph (b), is
15.34encouraged to display the Honor and Remember Flag on the following days each year:
15.35(1) Armed Forces Day, the third Saturday in May;
15.36(2) Flag Day, June 14;
16.1(3) July 2nd and July 3rd, in remembrance of the 262 soldiers of the 1st Regiment
16.2Minnesota Volunteer Infantry who, at the Battle of Gettysburg during the American Civil
16.3War, fought so gallantly and successfully to repulse two major Confederate attacks on the
16.4main Union line, suffering over 80 percent casualties, thereby turning the battle and the
16.5war and helping to preserve the Union itself at that pivotal moment in our nation's history;
16.6(4) July 4th, Independence Day;
16.7(5) the third Friday of September, National POW/MIA Recognition Day;
16.8(6) November 11, Veterans Day;
16.9(7) July 27, Korean War Armistice Day;
16.10(8) March 29, Vietnam Veterans Day; and
16.11(9) any day on which the United States flag is displayed at a governmental building
16.12or facility within this state.
16.13(b) For purposes of this section, "governmental building or facility within this state"
16.14means the following locations:
16.15(1) the Minnesota State Capitol, the Office of the Governor and each other Minnesota
16.16constitutional office, the chambers of the Minnesota Senate and the Minnesota House of
16.17Representatives, the Minnesota Judicial Center and each Minnesota District Court House,
16.18any official state of Minnesota veterans memorial, Minnesota veterans home, Minnesota
16.19veterans cemetery, state veterans service centers, and state veterans community-based
16.20outreach centers; and
16.21(2) any appropriate local government building or facility, as determined by the
16.22governing body of that local government.
16.23 Subd. 5. Limitation. This section may not be construed or interpreted to require
16.24any employee to report to work solely for the purpose of providing for the display of the
16.25Honor and Remember Flag or any other flag.
16.26 Subd. 6. Implementation. If a governmental building or facility within this state
16.27opts to display the Honor and Remember Flag, the chief administrator of that facility shall
16.28prescribe procedures necessary for the display.
16.29 Subd. 7. Flag donation. Notwithstanding sections 10A.071 and 471.895, any
16.30named public office or public official may accept a donation of one or more Honor and
16.31Remember Flags for the purpose of this section.
16.32EFFECTIVE DATE.This section is effective the day following final enactment.
16.33 Sec. 4. Minnesota Statutes 2012, section 364.03, subdivision 3, is amended to read:
16.34 Subd. 3.
Evidence of rehabilitation. (a) A person who has been convicted of a
16.35crime or crimes which directly relate to the public employment sought or to the occupation
17.1for which a license is sought shall not be disqualified from the employment or occupation
17.2if the person can show competent evidence of sufficient rehabilitation and present fitness
17.3to perform the duties of the public employment sought or the occupation for which the
17.4license is sought.
Sufficient Competent evidence of
sufficient rehabilitation may be
17.5established by the production of
a certified copy of a United States Department of Defense
17.6form DD-214 showing the person's honorable discharge, or separation under honorable
17.7conditions, from the United States armed forces for military service rendered following
17.8conviction for any crime that would otherwise disqualify the person from the public
17.9employment sought or the occupation for which the license is sought, or:
17.10(1) a copy of the local, state, or federal release order; and
17.11(2) evidence showing that at least one year has elapsed since release from any local,
17.12state, or federal correctional institution without subsequent conviction of a crime; and
17.13evidence showing compliance with all terms and conditions of probation or parole; or
17.14(3) a copy of the relevant Department of Corrections discharge order or other
17.15documents showing completion of probation or parole supervision.
17.16(b) In addition to the documentary evidence presented, the licensing or hiring
17.17authority shall consider any evidence presented by the applicant regarding:
17.18(1) the nature and seriousness of the crime or crimes for which convicted;
17.19(2) all circumstances relative to the crime or crimes, including mitigating
17.20circumstances or social conditions surrounding the commission of the crime or crimes;
17.21(3) the age of the person at the time the crime or crimes were committed;
17.22(4) the length of time elapsed since the crime or crimes were committed; and
17.23(5) all other competent evidence of rehabilitation and present fitness presented,
17.24including, but not limited to, letters of reference by persons who have been in contact with
17.25the applicant since the applicant's release from any local, state, or federal correctional
17.26institution.
17.27(c) The certified copy of a person's United States Department of Defense form
17.28DD-214 showing the person's honorable discharge or separation under honorable
17.29conditions from the United States armed forces ceases to qualify as competent evidence of
17.30sufficient rehabilitation for purposes of this section upon the person's conviction for any
17.31felony crime committed by the person subsequent to the effective date of that honorable
17.32discharge or separation from military service.
17.33 Sec. 5.
MINNESOTA ASSISTANCE COUNCIL FOR VETERANS;
17.34APPROPRIATION.
18.1$250,000 in fiscal year 2014 and $250,000 in fiscal year 2015 are appropriated from
18.2the general fund to the commissioner of veterans affairs for a grant to the Minnesota
18.3Assistance Council for Veterans to provide assistance throughout Minnesota to veterans
18.4and their families who are homeless or in danger of homelessness, including assistance
18.5with the following: (1) utilities; (2) employment; and (3) legal issues. The assistance
18.6authorized under this section must be made according to guidelines established by the
18.7commissioner. In order to avoid duplication of services, the commissioner must ensure
18.8that this assistance is coordinated with all other available programs for veterans.
18.9 Sec. 6.
AMERICAN INDIAN VETERANS PLAQUE AUTHORIZED.
18.10 (a) The legislature and Minnesota's American Indian veterans wish to honor
18.11American Indian veterans from this state who have honorably and bravely served in the
18.12United States armed forces, during both peacetime and war.
18.13 (b) A memorial plaque may be placed in the court of honor on the Capitol grounds
18.14by Minnesota's American Indian veterans to recognize the valiant service of American
18.15Indian veterans from this state who have honorably and bravely served in the United
18.16States armed forces, during both peacetime and war. The plaque must be furnished by
18.17Minnesota's American Indian veterans and must be approved by the commissioner of
18.18veterans affairs and the Capitol Area Architectural and Planning Board.
18.20GOVERNOR'S FUND-RAISING INITIATIVES FOR VETERANS
18.21 Section 1.
[168.1299] SPECIAL "SUPPORT OUR VETERANS" PLATES.
18.22 Subdivision 1. General requirements and procedures. (a) The commissioner shall
18.23issue special "Support Our Veterans" plates to an applicant who:
18.24(1) is a registered owner of a passenger automobile;
18.25(2) pays a fee of $10 to cover costs of handling and manufacturing the plates;
18.26(3) pays the registration tax required under section 168.013;
18.27(4) pays the fees required under this chapter;
18.28(5) contributes a minimum of $30 annually to the "Support Our Troops" account
18.29under section 190.19; and
18.30(6) complies with this chapter and the rules governing registration of motor vehicles
18.31and licensing of drivers.
18.32(b) The Support Our Veterans plate application must indicate that the annual
18.33contribution specified under paragraph (a), clause (5), is a minimum contribution to receive
18.34the special plate and that the applicant may make an additional contribution to the account.
19.1 Subd. 2. Design. After consultation with interested groups, the commissioner of
19.2veterans affairs shall design the "Support Our Veterans" plates, subject to the approval of
19.3the commissioner.
19.4 Subd. 3. No refund. Contributions under this section must not be refunded.
19.5 Subd. 4. Plates transfer. Notwithstanding section 168.12, subdivision 1, on
19.6payment of a transfer fee of $5, plates issued under this section may be transferred to
19.7another passenger automobile by the individual to whom the "Support Our Veterans"
19.8plates were issued.
19.9 Subd. 5. Contribution and fees credited. Contributions under subdivision
19.101, paragraph (a), clause (5), must be paid to the commissioner and credited to the
19.11"Support Our Troops" account established in section 190.19. The contribution credited
19.12to the "Support Our Troops" account under this subdivision must be transferred to the
19.13commissioner of veterans affairs and used only for the purposes established under section
19.14196.31, subdivision 4. The fees collected under this section must be deposited in the
19.15vehicle services operating account in the special revenue fund under section 299A.705.
19.16 Subd. 6. Record. The commissioner shall maintain a record of the number of
19.17plates issued under this section.
19.18EFFECTIVE DATE.This section is effective January 1, 2014, for plates issued
19.19on or after that date.
19.20 Sec. 2.
[196.31] SUPPORT OUR VETERANS ACCOUNT.
19.21 Subdivision 1. Establishment. The Minnesota "Support Our Veterans" account
19.22is established in the special revenue fund. The account shall consist of contributions
19.23from private sources and appropriations. Money in the account is appropriated to the
19.24Department of Veterans Affairs.
19.25 Subd. 2. Purpose. Money appropriated to the Department of Veterans Affairs from
19.26the Minnesota "Support Our Veterans" account shall be used to establish a grant program
19.27to address the emerging needs of veterans. The commissioner shall administer a grant
19.28program and award grants with the money from this account to eligible individuals or
19.29organizations.
19.30 Subd. 3. Eligibility. To be eligible for a grant under this section, an individual or
19.31organization must apply to the commissioner by submitting a proposal that meets the
19.32criteria specified by the commissioner. In addition, the proposal must:
19.33(1) not duplicate services provided elsewhere;
19.34(2) have set goals and performance measures; and
19.35(3) be used for one of the purposes listed in subdivision 4.
20.1 Subd. 4. Uses. Money appropriated to the Department of Veterans Affairs from the
20.2Minnesota "Support Our Veterans" account may be used to award grants for the following
20.3purposes:
20.4(1) outreach to underserved veterans;
20.5(2) providing services and programs for veterans and their families;
20.6(3) assisting in the reintegration of combat veterans into society;
20.7(4) assisting in the reduction of homelessness among veterans; and
20.8(5) addressing other emerging needs of veterans as determined by the commissioner.
20.9 Subd. 5. Annual report. The commissioner of veterans affairs must report by
20.10February 1, 2014, and each year thereafter, to the chairs and ranking minority members
20.11of the legislative committees and divisions with jurisdiction over veterans affairs on
20.12the number, amounts, and use of grants made by the commissioner from the Minnesota
20.13"Support Our Veterans" account in the previous year.
20.14 Sec. 3.
[349A.17] SPECIAL GAME; VETERANS.
20.15(a) The Minnesota Lottery shall establish a scratch-off game whose receipts are
20.16dedicated to the "Support Our Veterans" account established under section 196.31. The
20.17game shall be in play at least once each year, on a theme and with content chosen by
20.18the lottery.
20.19(b) The transfer under paragraph (a) shall consist of gross receipts, as defined
20.20in section 349A.01, subdivision 7, less the lottery's expenses related to the veterans'
20.21scratch-off games, as described in section 349A.10, subdivision 6, and less amounts
20.22transmitted to the Environmental and Natural Resources Trust Fund pursuant to the
20.23Minnesota Constitution, article XI, section 14.
20.24 Sec. 4.
DEPOSIT OF FUNDS.
20.25The Minnesota Lottery shall deposit any funds created under games authorized
20.26under Minnesota Statutes, section 349A.17, on a monthly basis into the "Support Our
20.27Veterans" account established under Minnesota Statutes, section 196.31, and shall be made
20.28available for those uses listed in Minnesota Statutes, section 196.31, subdivision 4.
20.30GOVERNOR'S GI BILL MODIFICATIONS
20.31 Section 1. Minnesota Statutes 2012, section 197.791, subdivision 1, is amended to read:
20.32 Subdivision 1.
Definitions. (a) The definitions in this subdivision apply to this
20.33section.
21.1 (b) "Commissioner" means the commissioner of veterans affairs, unless otherwise
21.2specified.
21.3 (c) "Cost of attendance" for undergraduate students has the meaning given in section
21.4136A.121, subdivision 6
, multiplied by a factor of 1.2. Cost of attendance for graduate
21.5students has the meaning given in section
136A.121, subdivision 6, multiplied by a factor
21.6of 1.2, using the tuition and fee maximum established by law for four-year programs. For
21.7purposes of calculating the cost of attendance for graduate students, full time is eight
21.8credits or more per term or the equivalent.
21.9 (d) "Child" means a natural or adopted child of a person described in subdivision 4,
21.10paragraph (a), clause (1), item (i) or (ii).
21.11 (e) "Eligible institution" means a postsecondary institution under section
136A.101,
21.12subdivision 4, or a graduate school licensed or registered with the state of Minnesota
21.13serving only graduate students.
21.14 (f) "Program" means the Minnesota GI Bill program established in this section,
21.15unless otherwise specified.
21.16 (g) "Time of hostilities" means any action by the armed forces of the United States
21.17that is recognized by the issuance of a presidential proclamation or a presidential executive
21.18order in which the armed forces expeditionary medal or other campaign service medals
21.19are awarded according to presidential executive order, and any additional period or place
21.20that the commissioner determines and designates, after consultation with the United States
21.21Department of Defense, to be a period or place where the United States is in a conflict that
21.22places persons at such a risk that service in a foreign country during that period or in that
21.23place should be considered to be included.
21.24 (h) "Veteran" has the meaning given in section
197.447.
Veteran also includes
21.25a service member who has received an honorable discharge after leaving each period of
21.26federal active duty service and has:
21.27 (1) served 90 days or more of federal active duty in a foreign country during a time
21.28of hostilities in that country; or
21.29 (2) been awarded any of the following medals:
21.30 (i) Armed Forces Expeditionary Medal;
21.31 (ii) Kosovo Campaign Medal;
21.32 (iii) Afghanistan Campaign Medal;
21.33 (iv) Iraq Campaign Medal;
21.34 (v) Global War on Terrorism Expeditionary Medal; or
21.35 (vi) any other campaign medal authorized for service after September 11, 2001; or
22.1 (3) received a service-related medical discharge from any period of service in a
22.2foreign country during a time of hostilities in that country.
22.3A service member who has fulfilled the requirements for being a veteran under this
22.4paragraph but is still serving actively in the United States armed forces is also a veteran
22.5for the purposes of this section.
22.6 Sec. 2. Minnesota Statutes 2012, section 197.791, subdivision 4, is amended to read:
22.7 Subd. 4.
Eligibility. (a) A person is eligible for educational assistance under this
22.8section if:
22.9 (1) the person is:
22.10 (i) a veteran who is serving or has served honorably in any branch or unit of the
22.11United States armed forces at any time
on or after September 11, 2001;
22.12 (ii) a nonveteran who has served honorably for a total of five years or more
22.13cumulatively as a member of the Minnesota National Guard or any other active or reserve
22.14component of the United States armed forces, and any part of that service occurred on or
22.15after September 11, 2001;
22.16 (iii) the surviving spouse or child of a person who has served in the military
at any
22.17time on or after September 11, 2001, and who has died as a direct result of that military
22.18service
, only if the surviving spouse or child is eligible to receive federal education
22.19benefits under United States Code, title 38, chapter 33, as amended, or United States
22.20Code, title 38, chapter 35, as amended; or
22.21 (iv) the spouse or child of a person who has served in the military at any time
on or
22.22after September 11, 2001, and who has a total and permanent service-connected disability
22.23as rated by the United States Veterans Administration
, only if the spouse or child is
22.24eligible to receive federal education benefits under United States Code, title 38, chapter
22.2533, as amended, or United States Code, title 38, chapter 35, as amended;
and
22.26 (2) the person receiving the educational assistance is a Minnesota resident, as
22.27defined in section
136A.101, subdivision 8; and
22.28 (3) the person receiving the educational assistance:
22.29 (i) is an undergraduate or graduate student at an eligible institution;
22.30 (ii) is maintaining satisfactory academic progress as defined by the institution for
22.31students participating in federal Title IV programs;
22.32 (iii) is enrolled in an education program leading to a certificate, diploma, or degree
22.33at an eligible institution;
22.34 (iv) has applied for educational assistance under this section prior to the end of the
22.35academic term for which the assistance is being requested;
23.1 (v) is in compliance with child support payment requirements under section
23.2136A.121, subdivision 2
, clause (5); and
23.3 (vi) has completed the Free Application for Federal Student Aid (FAFSA).
23.4 (b) A person's eligibility terminates when the person becomes eligible for benefits
23.5under section
135A.52.
23.6 (c) To determine eligibility, the commissioner may require official documentation,
23.7including the person's federal form DD-214 or other official military discharge papers;
23.8correspondence from the United States Veterans Administration; birth certificate; marriage
23.9certificate; proof of enrollment at an eligible institution; signed affidavits; proof of
23.10residency; proof of identity; or any other official documentation the commissioner
23.11considers necessary to determine eligibility.
23.12 (d) The commissioner may deny eligibility or terminate benefits under this section
23.13to any person who has not provided sufficient documentation to determine eligibility for
23.14the program. An applicant may appeal the commissioner's eligibility determination or
23.15termination of benefits in writing to the commissioner at any time. The commissioner
23.16must rule on any application or appeal within 30 days of receipt of all documentation that
23.17the commissioner requires. The decision of the commissioner regarding an appeal is final.
23.18However, an applicant whose appeal of an eligibility determination has been rejected by
23.19the commissioner may submit an additional appeal of that determination in writing to the
23.20commissioner at any time that the applicant is able to provide substantively significant
23.21additional information regarding the applicant's eligibility for the program. An approval
23.22of an applicant's eligibility by the commissioner following an appeal by the applicant is
23.23not retroactively effective for more than one year or the semester of the person's original
23.24application, whichever is later.
23.25 (e) Upon receiving an application with insufficient documentation to determine
23.26eligibility, the commissioner must notify the applicant within 30 days of receipt of the
23.27application that the application is being suspended pending receipt by the commissioner of
23.28sufficient documentation from the applicant to determine eligibility.
23.29 Sec. 3. Minnesota Statutes 2012, section 197.791, subdivision 5, is amended to read:
23.30 Subd. 5.
Benefit amount. (a) On approval by the commissioner of eligibility for
23.31the program, the applicant shall be awarded, on a funds-available basis, the educational
23.32assistance under the program for use at any time according to program rules at any
23.33eligible institution.
24.1 (b) The amount of educational assistance in any semester or term for an eligible
24.2person must be determined by subtracting from the eligible person's cost of attendance the
24.3amount the person received or was eligible to receive in that semester or term from:
24.4 (1) the federal Pell Grant;
24.5 (2) the state grant program under section
136A.121; and
24.6 (3) any federal military or veterans educational benefits including but not limited
24.7to the Montgomery GI Bill, GI Bill Kicker, the federal tuition assistance program,
24.8vocational rehabilitation benefits, and any other federal benefits associated with the
24.9person's status as a veteran, except veterans disability payments from the United States
24.10Veterans Administration
and payments made under the Veterans Retraining Assistance
24.11Program (VRAP).
24.12 (c) The amount of educational assistance for any eligible person who is a full-time
24.13student must not exceed the following:
24.14 (1) $1,000 per semester or term of enrollment;
24.15 (2) $3,000 per state fiscal year; and
24.16 (3) $10,000 in a lifetime.
24.17 For a part-time student, the amount of educational assistance must not exceed
24.18$500 per semester or term of enrollment. For the purpose of this paragraph, a part-time
24.19undergraduate student is a student taking fewer than 12 credits or the equivalent for a
24.20semester or term of enrollment and a part-time graduate student is a student considered
24.21part time by the eligible institution the graduate student is attending. The minimum award
24.22for undergraduate and graduate students is $50 per term.
24.23 Sec. 4.
APPROPRIATION; GI BILL.
24.24$100,000 is appropriated from the general fund to the commissioner of veterans
24.25affairs to administer the changes made to the GI Bill in sections 3 and 4. This appropriation
24.26is added to the agency's base budget.
24.28ADDITIONAL GOVERNOR APPROPRIATIONS
24.29 Section 1.
APPROPRIATION; GOLD STAR PROGRAM.
24.30$100,000 in fiscal year 2014 and $100,000 in fiscal year 2015 are appropriated from
24.31the general fund to the commissioner of veterans affairs to administer and implement the
24.32Gold Star Program for surviving family members of deceased veterans.
24.33 Sec. 2.
APPROPRIATION; HONOR GUARDS.
25.1$200,000 in fiscal year 2014 and $200,000 in fiscal year 2015 are appropriated
25.2from the general fund to the commissioner of veterans affairs for compensation for
25.3honor guards at the funerals of veterans under Minnesota Statutes, section 197.231. This
25.4appropriation is added to the agency's base budget.
25.5 Sec. 3.
APPROPRIATION; IT UPGRADES.
25.6$618,000 in fiscal year 2014 and $382,000 in fiscal year 2015 are appropriated from
25.7the general fund to the commissioner of veterans affairs to improve and modernize the
25.8department's information technology systems. These funds shall be transferred to the
25.9Office of Enterprise Technology. This is a onetime transfer and is available until spent.
25.10 Sec. 4.
APPROPRIATION; VETERANS CEMETERY IN FILLMORE COUNTY.
25.11$425,000 in fiscal year 2015 is appropriated from the general fund to the
25.12commissioner of veterans affairs for operation of the new veterans cemetery in Fillmore
25.13County. This amount is added to the program's base funding.
25.14 Sec. 5.
APPROPRIATION; VETERANS SERVICE ORGANIZATIONS.
25.15$353,000 in fiscal year 2014 and $353,000 in fiscal year 2015 are appropriated
25.16from the general fund to the commissioner of veterans affairs for grants to the
25.17following congressionally chartered veterans service organizations, as designated by
25.18the commissioner: Disabled American Veterans, Military Order of the Purple Heart,
25.19American Legion, Veterans of Foreign Wars, Vietnam Veterans of America, AMVETS,
25.20and Paralyzed Veterans of America. This funding must be allocated in direct proportion to
25.21the funding currently being provided by the commissioner to these organizations.