HF3919

Purpose

• Modify and expand veterans benefits for people who served in the Secret War in Laos (SGU veterans) and create a clear eligibility process. The bill codifies SGU veterans as a distinct group within Minnesota’s veterans benefits framework and aligns their benefits with other statewide veteran programs.

Who is covered and how to qualify

• SGU veterans are defined as Minnesota residents who:
  • served honorably in a special guerrilla unit or irregular forces based in Laos during Feb. 28, 1961 to May 14, 1975, and
  • are a U.S. citizen or an alien permanently resident, or were naturalized under the Hmong Veterans Naturalization Act or similar status.
• To qualify for benefits, SGU veterans must be verified by the Minnesota Commissioner of Veterans Affairs, and may receive a certificate of eligibility if verified.
• For the driver’s license or Minnesota ID designation, eligible applicants must show:
  • proof of veteran status (e.g., discharge papers, veteran ID card, or a VA eligibility certificate),
  • or proof of 100% total and permanent service-connected disability as determined by the U.S. VA (for the most enhanced designation).

Main provisions and what the bill seeks to accomplish

• Driver’s license/ID designation:
  • The department can issue, renew, or reissue a license/ID with a graphic or written “Veteran” or “SGU Veteran” designation, upon meeting eligibility.
• Burial and related fees:
  • The state will establish a fee schedule for the burial of SGU veterans, spouses, and dependents that aims to cover actual costs.
  • The state can waive or reduce burial fees for indigent eligible applicants.
  • No burial fees may be charged for service members who die on active duty or for certain veterans.
• Benefits for SGU veterans:
  • SGU veterans have access to the same statutory benefits and privileges as other Minnesota veterans, including:
  • Driver’s licenses/state ID veteran designation,
  • Veterans preference in state employment (and related benefits),
  • Purchase of grave markers, state veterans cemeteries, and honor guards,
  • Various professional license, vehicle-related, or civil service provisions that apply to veterans.
  • If status as an SGU veteran is verified, the commissioner must issue a certificate of eligibility for these benefits.
• Eligibility determination for burial-related benefits:
  • The commissioner must establish an application process for preneed burial eligibility determinations (in collaboration with the VA).
  • Applicants can submit a VA pre-need determination; the VA’s decision triggers issuance of a state certificate of eligibility if eligible.
• Special consideration process:
  • If the VA determines an applicant is not eligible, the applicant can request “special consideration” from the commissioner.
  • A defined process and forms will be available to request special consideration, with required supporting documents (including VA determinations and multiple forms of veteran-service evidence).
  • A contested case hearing is available if the request is denied.
  • The deadline to submit applications for special consideration is December 31, 2030.

Significant changes to existing law

• Creation of a formal, codified definition of “Veteran of the Secret War in Laos” (SGU veteran) within Minnesota statutes.
• New eligibility verification process and certificate issuance for SGU veterans seeking benefits.
• Expansion of driver’s license/ID designations to include SGU veteran status and/or disability status.
• Establishment of a state burial benefit fee schedule for SGU veterans and the potential for waivers for indigent applicants.
• Introduction of a VA-facilitated pre-need burial eligibility process and a separate state process for special consideration with a clear deadline.
• Alignment of SGU veterans’ benefits with a long list of existing veteran benefits, ensuring SGU veterans receive the same rights and privileges once verified.

Relevant Terms - Secret War in Laos (SGU) - SGU veteran - Veterans designation (on driver’s license and state ID) - 100% total and permanent service-connected disability - Certification of eligibility - Burial/interment fees - Interment for indigent eligible applicants - Veteran benefits and privileges - Veterans Affairs (VA) pre-need determination - Special guerrilla unit / irregular forces - Verification process - Special consideration and contested case hearing - Hmong Veterans Naturalization Act - Civil service, veterans preference, grave markers, state veterans cemeteries - Eligibility standards and application forms - Certificate of eligibility for benefits and privileges