Bill Text: MN SF2487 | 2011-2012 | 87th Legislature | Introduced
Bill Title: State government and veterans affairs appropriations; administration department fund transfers authorization; military burial honor guard provisions clarification; GI bill program modification
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-03-15 - Referred to State Government Innovation and Veterans [SF2487 Detail]
Download: Minnesota-2011-SF2487-Introduced.html
1.2relating to appropriations; appropriating money for state government and
1.3veterans affairs; providing for fund transfers; providing for various fees and
1.4accounts; clarifying the military burial honors provision; modifying the GI
1.5bill program;amending Minnesota Statutes 2010, sections 138.668; 197.231;
1.6197.608, subdivisions 4, 5, 6; 197.791, subdivisions 1, 3, 4, 5, 6; Minnesota
1.7Statutes 2011 Supplement, section 197.608, subdivision 3; repealing Minnesota
1.8Statutes 2010, section 197.608, subdivision 2a.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.12 Section 1. Minnesota Statutes 2010, section 138.668, is amended to read:
1.13138.668 ADMISSION FEES.
1.14The Minnesota Historical Society may establish and collect reasonable fees for
1.15admission to state-owned historic sites in the state historic site network in section138.661
1.16for deposit in an account in the state treasury. These fees shall be available to the society.
1.17 Sec. 2. FUND TRANSFER; DEPARTMENT OF ADMINISTRATION.
1.18 Subdivision 1. Transfer of funds; plant management fund. $80,000 in fiscal year
1.192012 is transferred from the plant management fund to the general fund. The amount
1.20represents proceeds from the sale of assets and other revenues related to resource recovery
1.21activities. This is a onetime transfer.
1.22 Subd. 2. Transfer of funds; special revenue fund. $6,512 in fiscal year 2012 is
1.23transferred from the special revenue fund to the general fund. The amount represents
2.1remaining funds in an account for a completed savings monitoring energy program. This
2.2is a onetime transfer.
2.3EFFECTIVE DATE.This section is effective the day following final enactment.
2.7The sums shown in the columns marked "Appropriations" are appropriated to the
2.8agencies and for the purposes specified in this article. The appropriations are from the
2.9general fund and are available for the fiscal years indicated for each purpose. The figures
2.10"2012" and "2013" used in this article mean that the appropriations listed under them are
2.11available for the fiscal year ending June 30, 2012, or June 30, 2013, respectively. "The
2.12first year" is fiscal year 2012. "The second year" is fiscal year 2013. "The biennium" is
2.13fiscal years 2012 and 2013.
2.20The amounts that may be spent for each
2.21purpose are specified in the following
2.22subdivisions.
2.24$250,000 the second year is for a grant to the
2.25Minnesota Assistance Council for Veterans.
2.26$100,000 the second year is for the costs
2.27of administering the on-the-job training
2.28and apprenticeship program portion of the
2.29Minnesota GI Bill program under Minnesota
2.30Statutes, section 197.791.
2.31$100,000 the second year is for compensation
2.32for honor guards at the funerals of veterans
3.1in accordance with the program under
3.2Minnesota Statutes, section 197.231.
3.3$1,005,000 the second year is for the
3.4Veterans Service Office grant program under
3.5Minnesota Statutes, section 197.608.
3.6 Sec. 3. Minnesota Statutes 2010, section 197.231, is amended to read:
3.7197.231 HONOR GUARDS.
3.8 The commissioner of veterans affairs shall pay, within available funds and upon
3.9request by a local unit of a congressionally chartered veterans organization or its auxiliary,
3.10up to $50 to the local unit for each time that local unit provides an honor guard detail at the
3.11funeral of a deceased veteran that occurs in this state. The commissioner may give priority
3.12to local units that do not have charitable gambling operations. If the local unit provides a
3.13student to play "Taps," the local unit may pay some or all of the $50 to the student.
3.14 Sec. 4. Minnesota Statutes 2011 Supplement, section 197.608, subdivision 3, is
3.15amended to read:
3.16 Subd. 3. Eligibility. (a) To be eligible for a grant underthis program subdivision 6,
3.17a county must employ a county veterans service officer as authorized by sections197.60
3.18and197.606 , who is certified to serve in this position by the commissioner.
3.19(b) A county that employs a newly hired county veterans service officer who is
3.20serving an initial probationary period and who has not been certified by the commissioner
3.21is eligible to receive a grant undersubdivision 2a this section.
3.22(c) Except for the situation described in paragraph (b), a county whose county
3.23veterans service officer does not receive certification during any year of the three-year
3.24cycle is not eligible to receive a grant during the remainder of that cycle or the next
3.25three-year cycle.
3.26(c) Except for the situation described in paragraph (b), a county veterans service
3.27officer who did not receive certification the previous year is not eligible to receive a grant.
3.28 Sec. 5. Minnesota Statutes 2010, section 197.608, subdivision 4, is amended to read:
3.29 Subd. 4. Grant process. (a) The commissioner shall determine the process for
3.30awarding grants. A grant may be used only for the purpose of enhancing the operations of
3.31the County Veterans Service Office.
3.32(b) The commissioner shall provide a list of qualifying uses for grant expenditures
3.33as developed in subdivision 5 and shall approve a grant under subdivision 6 only for a
4.1qualifying use and if there are sufficient funds remaining in the grant program to cover the
4.2full amount of the grant.
4.3(c) The commissioner is authorized to use any unexpended funding for this program
4.4to provide training and education for county veterans service officers.
4.5 Sec. 6. Minnesota Statutes 2010, section 197.608, subdivision 5, is amended to read:
4.6 Subd. 5. Qualifying uses. The commissioner shall consult with the Minnesota
4.7Association of County Veterans Service Officers in developing a list of qualifying uses for
4.8grants awarded underthis program subdivision 6.
4.9The commissioner is authorized to use any unexpended funding for this program to
4.10provide training and education for county veterans service officers.
4.11 Sec. 7. Minnesota Statutes 2010, section 197.608, subdivision 6, is amended to read:
4.12 Subd. 6. Grant amount. (a) Each county is eligible to receive an annual grant of
4.13$8,000 for any of the following purposes:
4.14(1) to provide outreach to the county's veterans;
4.15(2) to assist in the reintegration of combat veterans into society;
4.16(3) to collaborate with other social service agencies, educational institutions, and
4.17other community organizations for the purposes of enhancing services offered to veterans;
4.18(4) to reduce homelessness among veterans; or
4.19(5) to improve office operations.
4.20(b) In addition to the grant amount in paragraph (a), each county is eligible to receive
4.21an additional annual grant under this paragraph. The amount of each additional annual
4.22grant must be determined by the commissioner and may not exceed:
4.23(1)$1,400 $0, if the county's veteran population is less than 1,000;
4.24(2)$2,800 $2,500, if the county's veteran population is 1,000 or more but less than
4.253,000;
4.26(3)$4,200 $5,000, if the county's veteran population is 3,000 or more but less then
4.2710,000 than 4,999; or
4.28(4)$5,600 $7,500, if the county's veteran population is 10,000 5,000 or more. but
4.29less than 9,999;
4.30(5) $10,000, if the county's veteran population is 10,000 or more but less than 19,999;
4.31(6) $15,000, if the county's veteran population is 20,000 or more but less than
4.3229,999; or
4.33(7) $20,000, if the county's veteran population is 30,000 or more.
5.1(c) The Minnesota Association of County Veteran Service Officers is eligible to
5.2receive an annual grant of $50,000. The grant shall be used for administrative costs of
5.3the association, certification of mandated county veteran service officer training and
5.4accreditation, and costs associated with reintegration services.
5.5The veteran population of each county shall be determined by the figure supplied by
5.6the United States Department of Veterans Affairs, as adopted by the commissioner.
5.7 Sec. 8. Minnesota Statutes 2010, section 197.791, subdivision 1, is amended to read:
5.8 Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this
5.9section.
5.10 (b) "Commissioner" means the commissioner of veterans affairs, unless otherwise
5.11specified.
5.12 (c) "Cost of attendance" for undergraduate students has the meaning given in section
5.13136A.121, subdivision 6
, multiplied by a factor of 1.2. Cost of attendance for graduate
5.14students has the meaning given in section136A.121 , subdivision 6, multiplied by a factor
5.15of 1.2, using the tuition and fee maximum established by law for four-year programs. For
5.16purposes of calculating the cost of attendance for graduate students, full time is eight
5.17credits or more per term or the equivalent.
5.18 (d) "Child" means a natural or adopted child of a person described in subdivision 4,
5.19paragraph (a), clause (1), item (i) or (ii).
5.20 (e) "Eligible institution" means a postsecondary institution under section136A.101 ,
5.21subdivision 4, or a graduate school licensed or registered with the state of Minnesota
5.22serving only graduate students.
5.23 (f) "Program" means the Minnesota GI Bill program established in this section,
5.24unless otherwise specified.
5.25 (g) "Time of hostilities" means any action by the armed forces of the United States
5.26that is recognized by the issuance of a presidential proclamation or a presidential executive
5.27order in which the armed forces expeditionary medal or other campaign service medals
5.28are awarded according to presidential executive order, and any additional period or place
5.29that the commissioner determines and designates, after consultation with the United States
5.30Department of Defense, to be a period or place where the United States is in a conflict that
5.31places persons at such a risk that service in a foreign country during that period or in that
5.32place should be considered to be included.
5.33 (h) "Veteran" has the meaning given in section197.447 . Veteran also includes
5.34a service member who has received an honorable dischargeafter leaving each period of
5.35from federal active duty service and has:
6.1 (1) served 90 days or more of federal active duty in a foreign country during a time
6.2of hostilities in that country; or
6.3(2) been awarded any of the following medals:
6.4(i) Armed Forces Expeditionary Medal;
6.5(ii) Kosovo Campaign Medal;
6.6(iii) Afghanistan Campaign Medal;
6.7(iv) Iraq Campaign Medal;
6.8(v) Global War on Terrorism Expeditionary Medal; or
6.9(vi) any other campaign medal authorized for service after September 11, 2001; or
6.10(3) (2) received a service-related medical discharge from any period of service in a
6.11foreign country during a time of hostilities in that country.
6.12A service member who has fulfilled the requirements for being a veteran under this
6.13paragraph but is still serving actively in the United States armed forces is also a veteran
6.14for the purposes of this section.
6.15(i) "On-the-job training program" means a program approved under United States
6.16Code, title 38, chapter 36, section 3677.
6.17(j) "Apprenticeship program" means an apprenticeship program approved by the
6.18Division of Labor Standards and Apprenticeship in the Department of Labor and Industry
6.19under chapter 178.
6.20 Sec. 9. Minnesota Statutes 2010, section 197.791, subdivision 3, is amended to read:
6.21 Subd. 3. Duties; responsibilities. (a) The commissioner shall establish policies
6.22and procedures including, but not limited to, procedures for student application record
6.23keeping, information sharing, payment of educational assistance benefits, and other
6.24procedures the commissioner considers appropriate and necessary for effective and
6.25efficient administration of the program established in this section.
6.26 (b) The commissioner may delegate part or all of the administrative procedures
6.27for the program to responsible representatives of participating eligible institutions. The
6.28commissioner may execute an interagency agreement with the Minnesota Office of
6.29Higher Education, the Department of Employment and Economic Development, or the
6.30Department of Labor and Industry for services the commissioner determines necessary to
6.31administer the program.
6.32 Sec. 10. Minnesota Statutes 2010, section 197.791, subdivision 4, is amended to read:
6.33 Subd. 4. Eligibility. (a) A person is eligible for educational assistance under this
6.34section if:
7.1 (1) the person is:
7.2 (i) a veteran who is serving or has served honorably in any branch or unit of the
7.3United States armed forces at any timeon or after September 11, 2001;
7.4 (ii) a nonveteran who has served honorably for a total of five years or more
7.5cumulatively as a member of the Minnesota National Guard or any other active or reserve
7.6component of the United States armed forces, and any part of that service occurred on or
7.7after September 11, 2001;
7.8 (iii) the surviving spouse or child of a person who has served in the militaryat any
7.9time on or after September 11, 2001, and who has died as a direct result of that military
7.10service, only if the surviving spouse or child is eligible to receive federal education
7.11benefits under United States Code, title 38, chapter 33, as amended, or United States
7.12Code, title 38, chapter 35, as amended; or
7.13 (iv) the spouse or child of a person who has served in the military at any timeon or
7.14after September 11, 2001, and who has a total and permanent service-connected disability
7.15as rated by the United States Veterans Administration, only if the spouse or child is
7.16eligible to receive federal education benefits under United States Code, title 38, chapter
7.1733, as amended, or United States Code, title 38, chapter 35, as amended; and
7.18 (2) the person receiving the educational assistance is a Minnesota resident, as defined
7.19in section136A.101, subdivision 8 ;, and meets the requirements under paragraph (b) or (c).
7.20(3) (b) The person receiving the educational assistance:
7.21(i) (1) is an undergraduate or graduate student at an eligible institution;
7.22(ii) (2) is maintaining satisfactory academic progress as defined by the institution for
7.23students participating in federal Title IV programs;
7.24(iii) (3) is enrolled in an education program leading to a certificate, diploma, or
7.25degree at an eligible institution;
7.26(iv) (4) has applied for educational assistance under this section prior to the end of
7.27the academic term for which the assistance is being requested;
7.28(v) (5) is in compliance with child support payment requirements under section
7.29136A.121, subdivision 2
, clause (5); and
7.30(vi) (6) has completed the Free Application for Federal Student Aid (FAFSA).
7.31(c) The person receiving educational assistance is:
7.32(1) participating in an on-the-job training program or in an apprenticeship program;
7.33and
7.34(2) maintaining satisfactory training progress as defined by the entity that is
7.35conducting the on-the-job training program or apprenticeship program.
8.1(b) (d) A person's eligibility terminates when the person becomes eligible for
8.2benefits under section135A.52 .
8.3(c) (e) To determine eligibility, the commissioner may require official documentation,
8.4including the person's federal form DD-214 or other official military discharge papers;
8.5correspondence from the United States Veterans Administration; birth certificate; marriage
8.6certificate; proof of enrollment at an eligible institution; signed affidavits; proof of
8.7residency; proof of identity; or any other official documentation the commissioner
8.8considers necessary to determine eligibility.
8.9(d) (f) The commissioner may deny eligibility or terminate benefits under this section
8.10to any person who has not provided sufficient documentation to determine eligibility for
8.11the program. An applicant may appeal the commissioner's eligibility determination or
8.12termination of benefits in writing to the commissioner at any time. The commissioner
8.13must rule on any application or appeal within 30 days of receipt of all documentation that
8.14the commissioner requires. The decision of the commissioner regarding an appeal is final.
8.15However, an applicant whose appeal of an eligibility determination has been rejected by
8.16the commissioner may submit an additional appeal of that determination in writing to the
8.17commissioner at any time that the applicant is able to provide substantively significant
8.18additional information regarding the applicant's eligibility for the program. An approval
8.19of an applicant's eligibility by the commissioner following an appeal by the applicant is
8.20not retroactively effective for more than one year or the semester of the person's original
8.21application, whichever is later.
8.22(e) (g) Upon receiving an application with insufficient documentation to determine
8.23eligibility, the commissioner must notify the applicant within 30 days of receipt of the
8.24application that the application is being suspended pending receipt by the commissioner of
8.25sufficient documentation from the applicant to determine eligibility.
8.26 Sec. 11. Minnesota Statutes 2010, section 197.791, subdivision 5, is amended to read:
8.27 Subd. 5. Benefit amount. (a) On approval by the commissioner of eligibility for
8.28the program, the applicant shall be awarded, on a funds-available basis, the educational
8.29assistance under the program for use at any time for an on-the-job training program or an
8.30apprenticeship program or according to program rules at any eligible institution.
8.31 (b) The amount of educational assistance in any semester or term for an eligible
8.32person to use at an eligible institution must be determined by subtracting from the eligible
8.33person's cost of attendance the amount the person received or was eligible to receive in
8.34that semester or term from:
8.35 (1) the federal Pell Grant;
9.1 (2) the state grant program under section136A.121 ; and
9.2 (3) any federal military or veterans educational benefits including but not limited
9.3to the Montgomery GI Bill, GI Bill Kicker, the federal tuition assistance program,
9.4vocational rehabilitation benefits, and any other federal benefits associated with the
9.5person's status as a veteran, except veterans disability payments from the United States
9.6Veterans Administration.
9.7 (c) The amount of educational assistance for any eligible person who is a full-time
9.8student at an eligible institution must not exceed the following:
9.9 (1) $1,000 per semester or term of enrollment;
9.10 (2) $3,000 per state fiscal year; and
9.11 (3) $10,000 in a lifetime.
9.12For a part-time student at an eligible institution, the amount of educational assistance must
9.13not exceed $500 per semester or term of enrollment. For the purpose of this paragraph, a
9.14part-time undergraduate student is a student taking fewer than 12 credits or the equivalent
9.15for a semester or term of enrollment and a part-time graduate student is a student
9.16considered part time by the eligible institution the graduate student is attending. The
9.17minimum award for undergraduate and graduate students is $50 per term.
9.18(d) The amount of educational assistance for any eligible person who is participating
9.19in an on-the-job training program or an apprenticeship program must not exceed the
9.20following:
9.21(1) $1,500 per six months of training; or
9.22(2) $6,000 in a lifetime.
9.23(e) The amount of educational assistance awarded to an eligible person under this
9.24subdivision must not exceed $10,000 in the person's lifetime.
9.25 Sec. 12. Minnesota Statutes 2010, section 197.791, subdivision 6, is amended to read:
9.26 Subd. 6. Appropriation. The amount necessary to pay the benefit amounts in
9.27subdivision 5 is appropriated from the general fund to the commissioner. During any fiscal
9.28year beginning on or after July 1,2013 2011, the amount paid under this subdivision must
9.29not exceed $6,000,000.
9.30 Sec. 13. REPEALER.
9.31Minnesota Statutes 2010, section 197.608, subdivision 2a, is repealed.
1.3veterans affairs; providing for fund transfers; providing for various fees and
1.4accounts; clarifying the military burial honors provision; modifying the GI
1.5bill program;amending Minnesota Statutes 2010, sections 138.668; 197.231;
1.6197.608, subdivisions 4, 5, 6; 197.791, subdivisions 1, 3, 4, 5, 6; Minnesota
1.7Statutes 2011 Supplement, section 197.608, subdivision 3; repealing Minnesota
1.8Statutes 2010, section 197.608, subdivision 2a.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.12 Section 1. Minnesota Statutes 2010, section 138.668, is amended to read:
1.13138.668 ADMISSION FEES.
1.14The Minnesota Historical Society may establish and collect reasonable fees for
1.15admission to state-owned historic sites in the state historic site network in section
1.16
1.17 Sec. 2. FUND TRANSFER; DEPARTMENT OF ADMINISTRATION.
1.18 Subdivision 1. Transfer of funds; plant management fund. $80,000 in fiscal year
1.192012 is transferred from the plant management fund to the general fund. The amount
1.20represents proceeds from the sale of assets and other revenues related to resource recovery
1.21activities. This is a onetime transfer.
1.22 Subd. 2. Transfer of funds; special revenue fund. $6,512 in fiscal year 2012 is
1.23transferred from the special revenue fund to the general fund. The amount represents
2.1remaining funds in an account for a completed savings monitoring energy program. This
2.2is a onetime transfer.
2.3EFFECTIVE DATE.This section is effective the day following final enactment.
| 2.6 |
Section 1. MILITARY AFFAIRS APPROPRIATIONS. |
||||||
2.8agencies and for the purposes specified in this article. The appropriations are from the
2.9general fund and are available for the fiscal years indicated for each purpose. The figures
2.10"2012" and "2013" used in this article mean that the appropriations listed under them are
2.11available for the fiscal year ending June 30, 2012, or June 30, 2013, respectively. "The
2.12first year" is fiscal year 2012. "The second year" is fiscal year 2013. "The biennium" is
2.13fiscal years 2012 and 2013.
| 2.14 |
APPROPRIATIONS |
||||||
| 2.15 |
Available for the Year |
||||||
| 2.16 |
Ending June 30 |
||||||
| 2.17 |
2012 |
2013 |
|||||
| 2.18 |
Sec. 2. VETERANS AFFAIRS |
||||||
| 2.19 |
Subdivision 1.Total Appropriation |
$ |
-0- |
$ |
1,455,000 |
||
2.21purpose are specified in the following
2.22subdivisions.
| 2.23 |
Subd. 2.Veterans Services |
-0- |
1,455,000 |
||||
2.25Minnesota Assistance Council for Veterans.
2.26$100,000 the second year is for the costs
2.27of administering the on-the-job training
2.28and apprenticeship program portion of the
2.29Minnesota GI Bill program under Minnesota
2.30Statutes, section 197.791.
2.31$100,000 the second year is for compensation
2.32for honor guards at the funerals of veterans
3.1in accordance with the program under
3.2Minnesota Statutes, section 197.231.
3.3$1,005,000 the second year is for the
3.4Veterans Service Office grant program under
3.5Minnesota Statutes, section 197.608.
3.6 Sec. 3. Minnesota Statutes 2010, section 197.231, is amended to read:
3.7197.231 HONOR GUARDS.
3.8 The commissioner of veterans affairs shall pay, within available funds and upon
3.9request by a local unit of a congressionally chartered veterans organization or its auxiliary,
3.10up to $50 to the local unit for each time that local unit provides an honor guard detail at the
3.11funeral of a deceased veteran that occurs in this state. The commissioner may give priority
3.12to local units that do not have charitable gambling operations. If the local unit provides a
3.13student to play "Taps," the local unit may pay some or all of the $50 to the student.
3.14 Sec. 4. Minnesota Statutes 2011 Supplement, section 197.608, subdivision 3, is
3.15amended to read:
3.16 Subd. 3. Eligibility. (a) To be eligible for a grant under
3.17a county must employ a county veterans service officer as authorized by sections
3.18and
3.19(b) A county that employs a newly hired county veterans service officer who is
3.20serving an initial probationary period and who has not been certified by the commissioner
3.21is eligible to receive a grant under
3.22
3.23
3.24
3.25
3.26(c) Except for the situation described in paragraph (b), a county veterans service
3.27officer who did not receive certification the previous year is not eligible to receive a grant.
3.28 Sec. 5. Minnesota Statutes 2010, section 197.608, subdivision 4, is amended to read:
3.29 Subd. 4. Grant process. (a) The commissioner shall determine the process for
3.30awarding grants. A grant may be used only for the purpose of enhancing the operations of
3.31the County Veterans Service Office.
3.32(b) The commissioner shall provide a list of qualifying uses for grant expenditures
3.33as developed in subdivision 5 and shall approve a grant under subdivision 6 only for a
4.1qualifying use and if there are sufficient funds remaining in the grant program to cover the
4.2full amount of the grant.
4.3(c) The commissioner is authorized to use any unexpended funding for this program
4.4to provide training and education for county veterans service officers.
4.5 Sec. 6. Minnesota Statutes 2010, section 197.608, subdivision 5, is amended to read:
4.6 Subd. 5. Qualifying uses. The commissioner shall consult with the Minnesota
4.7Association of County Veterans Service Officers in developing a list of qualifying uses for
4.8grants awarded under
4.9
4.10
4.11 Sec. 7. Minnesota Statutes 2010, section 197.608, subdivision 6, is amended to read:
4.12 Subd. 6. Grant amount. (a) Each county is eligible to receive an annual grant of
4.13$8,000 for any of the following purposes:
4.14(1) to provide outreach to the county's veterans;
4.15(2) to assist in the reintegration of combat veterans into society;
4.16(3) to collaborate with other social service agencies, educational institutions, and
4.17other community organizations for the purposes of enhancing services offered to veterans;
4.18(4) to reduce homelessness among veterans; or
4.19(5) to improve office operations.
4.20(b) In addition to the grant amount in paragraph (a), each county is eligible to receive
4.21an additional annual grant under this paragraph. The amount of each additional annual
4.22grant must be determined by the commissioner and may not exceed:
4.23(1)
4.24(2)
4.253,000;
4.26(3)
4.27
4.28(4)
4.29less than 9,999;
4.30(5) $10,000, if the county's veteran population is 10,000 or more but less than 19,999;
4.31(6) $15,000, if the county's veteran population is 20,000 or more but less than
4.3229,999; or
4.33(7) $20,000, if the county's veteran population is 30,000 or more.
5.1(c) The Minnesota Association of County Veteran Service Officers is eligible to
5.2receive an annual grant of $50,000. The grant shall be used for administrative costs of
5.3the association, certification of mandated county veteran service officer training and
5.4accreditation, and costs associated with reintegration services.
5.5The veteran population of each county shall be determined by the figure supplied by
5.6the United States Department of Veterans Affairs, as adopted by the commissioner.
5.7 Sec. 8. Minnesota Statutes 2010, section 197.791, subdivision 1, is amended to read:
5.8 Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this
5.9section.
5.10 (b) "Commissioner" means the commissioner of veterans affairs, unless otherwise
5.11specified.
5.12 (c) "Cost of attendance" for undergraduate students has the meaning given in section
5.14students has the meaning given in section
5.15of 1.2, using the tuition and fee maximum established by law for four-year programs. For
5.16purposes of calculating the cost of attendance for graduate students, full time is eight
5.17credits or more per term or the equivalent.
5.18 (d) "Child" means a natural or adopted child of a person described in subdivision 4,
5.19paragraph (a), clause (1), item (i) or (ii).
5.20 (e) "Eligible institution" means a postsecondary institution under section
5.21subdivision 4, or a graduate school licensed or registered with the state of Minnesota
5.22serving only graduate students.
5.23 (f) "Program" means the Minnesota GI Bill program established in this section,
5.24unless otherwise specified.
5.25 (g) "Time of hostilities" means any action by the armed forces of the United States
5.26that is recognized by the issuance of a presidential proclamation or a presidential executive
5.27order in which the armed forces expeditionary medal or other campaign service medals
5.28are awarded according to presidential executive order, and any additional period or place
5.29that the commissioner determines and designates, after consultation with the United States
5.30Department of Defense, to be a period or place where the United States is in a conflict that
5.31places persons at such a risk that service in a foreign country during that period or in that
5.32place should be considered to be included.
5.33 (h) "Veteran" has the meaning given in section
5.34a service member who has received an honorable discharge
5.35from federal active duty service and has:
6.1 (1) served 90 days or more of federal active duty in a foreign country during a time
6.2of hostilities in that country; or
6.3
6.4
6.5
6.6
6.7
6.8
6.9
6.10
6.11foreign country during a time of hostilities in that country.
6.12A service member who has fulfilled the requirements for being a veteran under this
6.13paragraph but is still serving actively in the United States armed forces is also a veteran
6.14for the purposes of this section.
6.15(i) "On-the-job training program" means a program approved under United States
6.16Code, title 38, chapter 36, section 3677.
6.17(j) "Apprenticeship program" means an apprenticeship program approved by the
6.18Division of Labor Standards and Apprenticeship in the Department of Labor and Industry
6.19under chapter 178.
6.20 Sec. 9. Minnesota Statutes 2010, section 197.791, subdivision 3, is amended to read:
6.21 Subd. 3. Duties; responsibilities. (a) The commissioner shall establish policies
6.22and procedures including, but not limited to, procedures for student application record
6.23keeping, information sharing, payment of educational assistance benefits, and other
6.24procedures the commissioner considers appropriate and necessary for effective and
6.25efficient administration of the program established in this section.
6.26 (b) The commissioner may delegate part or all of the administrative procedures
6.27for the program to responsible representatives of participating eligible institutions. The
6.28commissioner may execute an interagency agreement with the Minnesota Office of
6.29Higher Education, the Department of Employment and Economic Development, or the
6.30Department of Labor and Industry for services the commissioner determines necessary to
6.31administer the program.
6.32 Sec. 10. Minnesota Statutes 2010, section 197.791, subdivision 4, is amended to read:
6.33 Subd. 4. Eligibility. (a) A person is eligible for educational assistance under this
6.34section if:
7.1 (1) the person is:
7.2 (i) a veteran who is serving or has served honorably in any branch or unit of the
7.3United States armed forces at any time
7.4 (ii) a nonveteran who has served honorably for a total of five years or more
7.5cumulatively as a member of the Minnesota National Guard or any other active or reserve
7.6component of the United States armed forces, and any part of that service occurred on or
7.7after September 11, 2001;
7.8 (iii) the surviving spouse or child of a person who has served in the military
7.9
7.10service, only if the surviving spouse or child is eligible to receive federal education
7.11benefits under United States Code, title 38, chapter 33, as amended, or United States
7.12Code, title 38, chapter 35, as amended; or
7.13 (iv) the spouse or child of a person who has served in the military at any time
7.14
7.15as rated by the United States Veterans Administration, only if the spouse or child is
7.16eligible to receive federal education benefits under United States Code, title 38, chapter
7.1733, as amended, or United States Code, title 38, chapter 35, as amended; and
7.18 (2) the person receiving the educational assistance is a Minnesota resident, as defined
7.19in section
7.20
7.21
7.22
7.23students participating in federal Title IV programs;
7.24
7.25degree at an eligible institution;
7.26
7.27the academic term for which the assistance is being requested;
7.28
7.30
7.31(c) The person receiving educational assistance is:
7.32(1) participating in an on-the-job training program or in an apprenticeship program;
7.33and
7.34(2) maintaining satisfactory training progress as defined by the entity that is
7.35conducting the on-the-job training program or apprenticeship program.
8.1
8.2benefits under section
8.3
8.4including the person's federal form DD-214 or other official military discharge papers;
8.5correspondence from the United States Veterans Administration; birth certificate; marriage
8.6certificate; proof of enrollment at an eligible institution; signed affidavits; proof of
8.7residency; proof of identity; or any other official documentation the commissioner
8.8considers necessary to determine eligibility.
8.9
8.10to any person who has not provided sufficient documentation to determine eligibility for
8.11the program. An applicant may appeal the commissioner's eligibility determination or
8.12termination of benefits in writing to the commissioner at any time. The commissioner
8.13must rule on any application or appeal within 30 days of receipt of all documentation that
8.14the commissioner requires. The decision of the commissioner regarding an appeal is final.
8.15However, an applicant whose appeal of an eligibility determination has been rejected by
8.16the commissioner may submit an additional appeal of that determination in writing to the
8.17commissioner at any time that the applicant is able to provide substantively significant
8.18additional information regarding the applicant's eligibility for the program. An approval
8.19of an applicant's eligibility by the commissioner following an appeal by the applicant is
8.20not retroactively effective for more than one year or the semester of the person's original
8.21application, whichever is later.
8.22
8.23eligibility, the commissioner must notify the applicant within 30 days of receipt of the
8.24application that the application is being suspended pending receipt by the commissioner of
8.25sufficient documentation from the applicant to determine eligibility.
8.26 Sec. 11. Minnesota Statutes 2010, section 197.791, subdivision 5, is amended to read:
8.27 Subd. 5. Benefit amount. (a) On approval by the commissioner of eligibility for
8.28the program, the applicant shall be awarded, on a funds-available basis, the educational
8.29assistance under the program for use at any time for an on-the-job training program or an
8.30apprenticeship program or according to program rules at any eligible institution.
8.31 (b) The amount of educational assistance in any semester or term for an eligible
8.32person to use at an eligible institution must be determined by subtracting from the eligible
8.33person's cost of attendance the amount the person received or was eligible to receive in
8.34that semester or term from:
8.35 (1) the federal Pell Grant;
9.1 (2) the state grant program under section
9.2 (3) any federal military or veterans educational benefits including but not limited
9.3to the Montgomery GI Bill, GI Bill Kicker, the federal tuition assistance program,
9.4vocational rehabilitation benefits, and any other federal benefits associated with the
9.5person's status as a veteran, except veterans disability payments from the United States
9.6Veterans Administration.
9.7 (c) The amount of educational assistance for any eligible person who is a full-time
9.8student at an eligible institution must not exceed the following:
9.9 (1) $1,000 per semester or term of enrollment;
9.10 (2) $3,000 per state fiscal year; and
9.11 (3) $10,000 in a lifetime.
9.12For a part-time student at an eligible institution, the amount of educational assistance must
9.13not exceed $500 per semester or term of enrollment. For the purpose of this paragraph, a
9.14part-time undergraduate student is a student taking fewer than 12 credits or the equivalent
9.15for a semester or term of enrollment and a part-time graduate student is a student
9.16considered part time by the eligible institution the graduate student is attending. The
9.17minimum award for undergraduate and graduate students is $50 per term.
9.18(d) The amount of educational assistance for any eligible person who is participating
9.19in an on-the-job training program or an apprenticeship program must not exceed the
9.20following:
9.21(1) $1,500 per six months of training; or
9.22(2) $6,000 in a lifetime.
9.23(e) The amount of educational assistance awarded to an eligible person under this
9.24subdivision must not exceed $10,000 in the person's lifetime.
9.25 Sec. 12. Minnesota Statutes 2010, section 197.791, subdivision 6, is amended to read:
9.26 Subd. 6. Appropriation. The amount necessary to pay the benefit amounts in
9.27subdivision 5 is appropriated from the general fund to the commissioner. During any fiscal
9.28year beginning on or after July 1,
9.29not exceed $6,000,000.
9.30 Sec. 13. REPEALER.
9.31Minnesota Statutes 2010, section 197.608, subdivision 2a, is repealed.
