SF4075

Purpose

• Expand and modify benefits for veterans of the Secret War in Laos (SGU veterans) in Minnesota.
• Create an eligibility process for SGU veterans to access benefits and privileges.
• Make technical changes to existing veterans statutes and add new procedures, forms, and timelines.

Key Provisions

• Establishment of veteran status designation on licenses and state IDs:

  • Designations include “Veteran,” “100 TP,” and “SGU Veteran.”
  • Applicants must meet eligibility: defined veteran (per statute), or retired/honorably discharged National Guard or reserve member, or SGU veteran.
  • Applicants must provide documentation (discharge papers, veteran IDs, or evidence of disability) showing qualifying status, including 100% total and permanent service-connected disability if applying under certain categories.

• Eligibility for benefits for SGU veterans:

  • SGU veterans have access to the same statutory benefits and privileges as other veterans listed in existing law. This includes: veteran designation on IDs, civil service preferences, state employment veterans preferences, grave markers, state veterans cemeteries, and other listed protections and benefits.
  • For SGU veterans, the benefits listed in the statute are made available on the same basis as other veterans, with additional steps for verification.

• Verification and eligibility determinations:

  • A formal process must be established to verify SGU veteran status and determine eligibility for benefits.
  • The commissioner must develop a specific form for eligibility (certificate of eligibility) and must provide a process to verify SGU status, including forms and guidance by a set deadline.
  • Verification cannot begin until the legislature enacts criteria and a protocol to identify Minnesotans who served in Laos SGU units and who deserve Minnesota veterans benefits.

Burial Benefits and Fees

• Burial interment fees:

  • The commissioner of veterans affairs must set a fee schedule for interment costs for eligible spouses, dependent children, and SGU veterans.
  • The schedule should aim to cover actual interment costs (excluding the plot value) and may be adjusted over time.
  • The commissioner may waive or reduce burial fees for indigent eligible applicants.
  • Policies and eligibility standards for waivers must be maintained and available to the public.

• No fees for certain service members:

  • No burial fees may be charged for service members who die on active duty, or for eligible veterans defined in other federal provisions.

Definitions and Scope

• Clarifies who is a “Veteran of the Secret War in Laos” (SGU veteran):
  • A person who resides in Minnesota, may be naturalized under a federal act related to Laos veterans, or who served honorably in special guerrilla units or irregular forces serving with the U.S. armed forces in Laos between February 28, 1961 and May 14, 1975.
  • Must be a U.S. citizen or an eligible permanent resident.
• Provides definitions for the terms used by the department (Department, Commissioner, VA) to ensure consistent interpretation.

Eligibility Process and Special Consideration

• Special eligibility determination process:

  • The commissioner must implement an application process to determine eligibility for the burial benefits and other SGU-related benefits.
  • Applicants may apply for pre-need burial eligibility (for VA national cemetery) with assistance from county veterans service officers and the department.
  • If the VA determines eligibility, the commissioner issues a certificate of eligibility for the listed benefits.

• Special consideration for ineligible applicants:

  • If the VA determines ineligibility, applicants can request special consideration from the commissioner.
  • The commissioner must establish a process for special consideration, including required documentation (e.g., VA determination of ineligibility) and other supporting evidence (e.g., affidavits, service documents, photos, articles, certificates, etc.).
  • A contested case hearing may be requested if the special consideration request is denied, following formal procedures.
  • The deadline to submit applications for special consideration is December 31, 2030.

• Implementation timeline and forms:

  • The commissioner must develop and provide the required forms on the department’s website and in offices.
  • A specific eligibility form and related processes must be ready by a set date (no later than September 15, 2025).
  • The state must establish the criteria and protocol for identifying SGU veterans before accepting verification applications.

Implementation Timeline and Legal Changes

• The bill creates new subdivisions and amends existing Minnesota statutes to incorporate SGU veterans into the state’s veteran benefits framework.
• It requires the legislature to enact criteria and a verification protocol before certain applications can be processed.
• It directs the development of forms, eligibility certificates, and a process for special consideration, with explicit deadlines.

Summary of How It Works (Practical)

• An eligible person who served in the Secret War in Laos can seek the SGU veteran designation on a Minnesota driver’s license or ID.
• The person must provide discharge papers or other proof of eligibility and, if needed, evidence of disability.
• If eligible, the person can access the same listed veteran benefits as other Minnesota veterans, and burial/interment fee policies apply to SGU veterans with possible waivers for indigent individuals.
• The state will create an eligibility process and must work with the VA for verification; forms and eligibility certificates will be provided.
• If an applicant is not eligible, they can pursue special consideration with documented proof and may appeal through a contested case hearing.

Relevant Terms - Secret War in Laos (SGU veteran) - Special guerrilla unit - Irregular forces - Laos, February 28, 1961 to May 14, 1975 - Veteran designation (on driver’s license or state ID) - Veterans benefits and privileges (as defined in statute) - 100 percent total and permanent service-connected disability - VA (Department of Veterans Affairs) - Certificate of eligibility - Eligibility determination - Special consideration - Pre-need burial eligibility - Burial/interment fees and waivers - Indigent eligible applicant - Minnesota Statutes 2024 section 171.07 subdivision 15 - Minnesota Statutes 2025 Supplement sections 197.236 subdivision 9, 197.448 subdivisions - Criteria and protocol for SGU eligibility - Contested case hearing - Form development and accessibility (website and offices)

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