Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 2000, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 390-S.F.No. 3138
An act relating to veterans; making technical changes
regarding duties of the commissioner of veterans
affairs; extending the agent orange information and
assistance program to include other veterans and other
chemicals; authorizing the placement of a plaque in
the court of honor on the capitol grounds to honor
combat wounded veterans; repealing obsolete language;
amending Minnesota Statutes 1998, sections 196.05,
subdivision 1; 196.052; 196.19; 196.21, subdivisions
2, 3 and 4; 196.22; 196.23; 196.24, subdivisions 1 and
2; 196.26; 197.04; 197.05; 197.06; repealing Minnesota
Statutes 1998, sections 196.20; 197.01; 197.02; and
197.49; Minnesota Statutes 1999 Supplement, section
196.27.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1998, section 196.05,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL DUTIES.] The commissioner shall:
(1) act as the agent of a resident of the state having a
claim against the United States for benefits arising out of or
by reason of service in the armed forces and prosecute the claim
without charge;
(2) act as custodian of veterans' bonus records;
(3) administer the laws relating to the providing of bronze
flag holders at veterans' graves for memorial purposes;
(4) administer the laws relating to recreational or rest
camps for veterans so far as applicable to state agencies;
(5) administer the state soldiers' assistance fund and
veterans' relief fund and other funds appropriated for the
payment of bonuses or other benefits to veterans or for the
rehabilitation of veterans;
(6) cooperate with national, state, county, municipal, and
private social agencies in securing to veterans and their
dependents the benefits provided by national, state, and county
laws, municipal ordinances, or public and private social
agencies;
(7) provide necessary assistance where other adequate aid
is not available to the dependent family of a veteran while the
veteran is hospitalized and after the veteran is released for as
long a period as is necessary as determined by the commissioner;
(8) act as the guardian, conservator, or representative
payee of the estate for a minor or an incompetent person
receiving money from the United States government when requested
to do so by an agency of the United States of America provided
sufficient personnel are available;
(9) cooperate with United States governmental agencies
providing compensation, pensions, insurance, or other benefits
provided by federal law, by supplementing the benefits
prescribed therein, when conditions in an individual case make
it necessary;
(10) assist in implementing state laws, rights, and
privileges relating to the reemployment of veterans upon their
separation from the armed forces;
(11) contact, at times as the commissioner deems proper,
war veterans, as defined in section 197.447, who are confined in
a public institution; investigate the treatment accorded those
veterans and report annually to the governor the results of the
investigations; and the heads of the public institutions shall
permit the commissioner, or the commissioner's representative,
to visit any veteran; and, if the commissioner, or the
commissioner's representative requests any information relative
to any veteran and the veteran's affairs, the head of the
institution shall furnish it;
(12) assist dependent family members of military personnel
who are called from reserve status to extended federal active
duty during a time of war or national emergency through the
state soldiers' assistance fund provided by section 197.03; and
(13) (11) exercise other powers as may be authorized and
necessary to carry out the provisions of this chapter and
chapters chapter 197 and 198, consistent with those
chapters that chapter; and
(12) provide information, referral, and counseling services
to those veterans who may have suffered adverse health
conditions as a result of possible exposure to chemical agents.
Sec. 2. Minnesota Statutes 1998, section 196.052, is
amended to read:
196.052 [GIFT ACCEPTANCE AND INVESTMENT.]
On the behalf of the state, the commissioner may accept any
gift, grant, bequest, or devise made for the purposes of this
chapter and chapters chapter 197 and 198. The commissioner must
administer the funds as directed by the donor. All funds must
be deposited in the state treasury and, except as provided for
in sections 198.16, 198.161, and 198.23, are credited to the
veterans affairs endowment, bequest, and devises fund. The
balance of the fund is annually appropriated to the commissioner
of veterans affairs to accomplish the purposes of this chapter
and chapters chapter 197 and 198. Funds received by the
commissioner under this section or 198.16, 198.161, and 198.23
in excess of current needs must be invested by the state board
of investment in accordance with section 11A.24. Disbursements
from this fund must be in the manner provided for the issuance
of other state warrants. The commissioner may refuse to accept
any gift, grant, bequest, or devise if acceptance would not be
in the best interest of the state or Minnesota's veterans.
Sec. 3. Minnesota Statutes 1998, section 196.19, is
amended to read:
196.19 [AGENT ORANGE ENVIRONMENTAL HAZARDS INFORMATION AND
ASSISTANCE ACT; CITATION.]
Sections 196.19 to 196.26 may be cited as the "Agent Orange
Environmental Hazards Information and Assistance Act."
Sec. 4. Minnesota Statutes 1998, section 196.21,
subdivision 2, is amended to read:
Subd. 2. [VETERAN.] "Veteran" means a person who is a
resident of this state and who served in the armed forces of the
United States of America during the Vietnam era.
Sec. 5. Minnesota Statutes 1998, section 196.21,
subdivision 3, is amended to read:
Subd. 3. [CHEMICAL AGENTS.] "Chemical agents" means dioxin
or other toxic substances found in certain defoliants,
herbicides, pesticides, and similar chemical substances agent
orange and any other identified or unidentified chemical
substance or compounds suspected by medical experts of adversely
affecting the physical, mental, or emotional health of members
of the armed forces.
Sec. 6. Minnesota Statutes 1998, section 196.21,
subdivision 4, is amended to read:
Subd. 4. [AGENT ORANGE.] "Agent Orange" means a any
herbicide, defoliant, or pesticide containing dioxin and
composed primarily of trichlorophenoxyacetic acid and
dichlorophenoxyacetic acid.
Sec. 7. Minnesota Statutes 1998, section 196.22, is
amended to read:
196.22 [POWERS AND DUTIES OF THE COMMISSIONER.]
Subdivision 1. [AGENT ORANGE ENVIRONMENTAL HAZARDS
INFORMATION AND ASSISTANCE PROGRAM.] The commissioner shall
establish and maintain an Agent Orange an environmental hazards
information and assistance program. The commissioner shall:
(1) provide information regarding epidemiological, genetic,
and other scientific studies proposed, underway, or completed
that pertain to adverse health conditions which may be
associated with exposure to chemical agents, including Agent
Orange;
(2) monitor and report on the activities and policies of
the United States government relating to the exposure of
veterans to chemical agents, including Agent Orange; and
(3) respond, within the commissioner's powers and duties
under this chapter and chapter 197, to other issues of concern
to veterans relating to exposure to chemical agents, including
Agent Orange.
Subd. 2. [REFERRAL PROGRAMS.] The commissioner, in
cooperation with the United States Veterans Administration,
county veterans service officers, and veterans organizations
shall institute referral programs to:
(1) refer veterans to appropriate federal agencies or other
available resources for treatment of adverse health conditions
which may have resulted from possible exposure to chemical
agents, including Agent Orange; and
(2) refer veterans to state, county, or veterans
organizations advocacy services to assist them in filing
compensation claims for disabilities that may have resulted from
possible exposure to chemical agents, including Agent Orange.
Subd. 3. [LIMITED STUDIES.] The commissioner may contract
for limited studies regarding the prevalence of adverse health
conditions in veterans which may be associated with possible
exposure to chemical agents, including Agent Orange. Prior to
contracting for such studies, the commissioner shall consult
with the commissioner of health, the University of Minnesota
school of public health, and other appropriate scientific and
technical advisors pertaining to their design.
Subd. 5. [COMMUNICATION OF VETERANS CONCERNS.] Within the
commissioner's powers and duties under chapters 196 and 197, the
commissioner shall take any action appropriate to represent to
appropriate officials and representatives of the United States
government the concerns of veterans related to exposure to
chemical agents, including Agent Orange, to appropriate
officials and representatives of the United States government.
Sec. 8. Minnesota Statutes 1998, section 196.23, is
amended to read:
196.23 [AGENT ORANGE ENVIRONMENTAL HAZARDS INFORMATION AND
ASSISTANCE SECTION.]
Subdivision 1. [ESTABLISHMENT OF SECTION.] The
commissioner shall establish an Agent Orange environmental
hazards information and assistance section in the department of
veterans affairs. The section shall be headed by a director.
The commissioner shall provide the director with office space,
administrative services, and clerical support.
Subd. 2. [POSITION OF DIRECTOR.] The director of the
environmental hazards information and assistance section shall
be appointed by the commissioner. The director shall assist the
commissioner in carrying out the duties and responsibilities
required under sections 196.19 to 196.26. The commissioner of
employee relations, in consultation with the commissioner, shall
establish minimum qualifications for the position of director.
In setting the minimum qualifications, the commissioner of
employee relations shall consider the scientific and technical
background necessary to perform the duties under sections 196.19
to 196.26.
Sec. 9. Minnesota Statutes 1998, section 196.24,
subdivision 1, is amended to read:
Subdivision 1. [INFORMATION TO HEALTH PROFESSIONALS.] The
commissioner of health shall provide medical information to
health professionals in this state regarding the detection,
diagnosis, and treatment of acute and chronic symptoms which may
be associated with exposure to chemical agents, including Agent
Orange.
Sec. 10. Minnesota Statutes 1998, section 196.24,
subdivision 2, is amended to read:
Subd. 2. [GENETIC INFORMATION AND COUNSELING.] The
commissioner of health, in cooperation with the health
facilities of the University of Minnesota, shall provide genetic
information and counseling to veterans who have concerns
regarding the possible genetic effects which may be associated
with exposure to chemical agents, including Agent Orange.
Sec. 11. Minnesota Statutes 1998, section 196.26, is
amended to read:
196.26 [CLASS ACTION REPRESENTATION BY ATTORNEY GENERAL.]
The commissioner may request the attorney general to
represent a class of individuals composed of veterans who may
have suffered adverse health conditions as a result of possible
exposure to chemical agents, including Agent Orange, in a suit
for release of information relating to exposure to these
chemicals during military service and for release of individual
medical records.
Sec. 12. Minnesota Statutes 1998, section 197.04, is
amended to read:
197.04 [COMPOSITION OF FUND.]
The state soldiers' assistance fund shall consist of all
sums paid to or received by the commissioner of veterans affairs
under the provisions of sections 197.01 197.03 to 197.07 and of
any and all moneys and properties that may be appropriated,
donated, given, bequeathed, or devised to the state soldiers'
assistance fund or to the commissioner of veterans affairs for
the benefit of the fund.
Sec. 13. Minnesota Statutes 1998, section 197.05, is
amended to read:
197.05 [FUND, HOW EXPENDED.]
The state soldiers' assistance fund shall be administered
by the commissioner of veterans affairs and shall be used to
locate and investigate the facts as to any citizen of Minnesota
or resident alien residing in Minnesota who served in the
military or naval forces of the United States and who is
indigent or suffering from any disability whether acquired in
the service or not; to assist the person and the person's
dependents as hereinafter provided in establishing and proving
any just claim the person may have against the United States
government, or any other government or state for compensation,
insurance, relief, or other benefits; to provide emergency
hospitalization, treatment, maintenance, and relief for any
person suffering from disability who was a bona fide resident of
the state at the time the need arose and the person's
dependents, as hereinafter provided; and to cooperate with other
state, municipal, and county officials and civic or civilian
agencies or organizations in carrying out the provisions of
sections 197.01 197.03 to 197.07. The commissioner shall limit
financial assistance to veterans and dependents to six months,
unless recipients have been certified as ineligible for other
benefit programs.
The fund is appropriated to be used in the manner
determined by the commissioner of veterans affairs for these
purposes.
Sec. 14. Minnesota Statutes 1998, section 197.06, is
amended to read:
197.06 [SOLDIERS' WELFARE ASSISTANCE AGENT.]
The commissioner of veterans affairs shall have charge of
activities as provided in this section, and may employ
assistants and incur other expenses as may be necessary for the
administration of the state soldiers' assistance fund and
carrying out the provisions of sections 197.01 197.03 to
197.07. No expense shall be incurred under the provisions of
sections 197.01 197.03 to 197.07 in excess of the moneys
available to the state soldiers' assistance fund.
The duties and powers of the commissioner of veterans
affairs, in addition to those provided elsewhere by law, shall
be to:
(1) Administer the state soldiers' assistance fund;
(2) Cooperate with national, state, county, municipal and
private social agencies in securing to former soldiers and their
dependents the benefits provided by national, state, and county
laws, municipal ordinances, or public and private social
agencies;
(3) Establish and provide assistance to a former soldier
soldiers and their dependents who is are in need of
hospitalization but unable to accept it because the acceptance
would imperil the soldier's current employment in order to
insure employment after hospitalization assistance with optical,
dental, or other emergency medical needs; and
(4) Provide necessary assistance where other adequate aid
is not available to the dependent family of a former soldier
while the soldier is being hospitalized and afterwards during
such period as is necessary;
(5) Cooperate with United States government agencies
providing compensation, pensions, insurance or other benefits
provided by federal law, by supplementing the benefits
prescribed by federal law, when exceptional conditions in an
individual case make it necessary; and
(6) Establish and provide employment, placement, and
advisement service for disabled veterans as cannot be furnished
by cooperation with other free public employment agencies.
Sec. 15. [MEMORIAL PLAQUE; COMBAT WOUNDED VETERANS.]
A memorial plaque to honor combat wounded veterans may be
placed in the court of honor on the capitol grounds. The plaque
must be furnished by other than the department of veterans
affairs and approved by the commissioner and the capitol area
architectural and planning board.
Sec. 16. [REPEALER.]
Minnesota Statutes 1998, sections 196.20; 197.01; 197.02;
and 197.49; and Minnesota Statutes 1999 Supplement, section
196.27, are repealed.
Sec. 17. [EFFECTIVE DATE.]
Section 15 is effective the day following final enactment.
Presented to the governor April 11, 2000
Signed by the governor April 14, 2000, 2:04 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes