1.1 A bill for an act
1.2 relating to veterans;
providing for honor guard detail; modifying eligibility for
1.3 burial in state veterans
cemeteries;amending Minnesota Statutes 2024, section
1.4 197.231; Minnesota Statutes
2025 Supplement, section 197.236, subdivisions 8,
1.5 9.
1.6 BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes
2024, section 197.231, is amended to read:
1.8 197.231 HONOR GUARDS.
1.9 The commissioner of
veterans affairs shall pay, within available funds and upon request
1.10 by a local unit of a
congressionally chartered veterans organization or its auxiliary, up to
1.11 $50 to the local unit for each
time that local unit provides an honor guard detail at the funeral
1.12 of a:
1.13 (1) deceased veteran;
1.14 (2) veteran of the
Secret War in Laos, as defined in section 197.448, subdivision 1; or
1.15 (3) member of a reserve
component of the armed forces, and any member of the Army
1.16 National Guard or the
Air National Guard, as defined in section 197.236, subdivision 8,
1.17 clause (2).
1.18 If the local unit provides a
student to play "Taps," the local unit may pay some or all of the
1.19 $50 to the student.
2.1 Sec. 2. Minnesota Statutes
2025 Supplement, section 197.236, subdivision 8, is amended
2.2 to read:
2.3 Subd. 8.Eligibility.
(a) Cemeteries must be operated solely for the burial of the
following
2.4 persons:
2.5 (1) service
members who die on active duty, eligible veterans, and their spouses and
2.6 dependent children,
other persons as defined in United States Code, title 38, section 2402,
2.7 paragraph (a), subparagraphs
1 to 5 4, 7, and 7. 10;
2.8 (2) beginning January
1, 2027, members of a reserve component of the armed forces
2.9 and any member of the
Army National Guard or the Air National Guard if:
2.10 (i) the member completed
at least one full term of service and the member received an
2.11 honorable discharge; or
2.12 (ii) the member's death
occurs while a member in good standing with the member's
2.13 assigned component and
was not due to the member's willful misconduct; and
2.14 (3) beginning January 1,
2027, spouses, surviving spouses, minor children, or unmarried
2.15 adult children of a
person as defined in United States Code, title 38, section 2402, paragraph
2.16 (a), subparagraphs 1 to
4 and 7, or clause (2). For purposes of this section:
2.17 (i) a "surviving
spouse" includes a surviving spouse who had a subsequent remarriage;
2.18 (ii) a "minor
child" means an unmarried child under 21 years of age, or under 23 years
2.19 of age if pursuing a
full-time course of instruction at an approved educational institution;
2.20 and
2.21 (iii) an "unmarried
adult child" means a child who became permanently physically or
2.22 mentally disabled and
incapable of self-support before reaching 21 years of age, or before
2.23 reaching 23 years of age
if pursuing a full-time course of instruction at an approved
2.24 educational institution.
2.25 (b) For purposes of this
section, an honorable discharge does not include a general (under
2.26 honorable conditions)
characterization of service.
2.27 (c) For purposes of this
section, "willful misconduct" means an act involving conscious
2.28 wrongdoing or known
prohibited action as described in United States Code, title 38, section
2.29 3.1, paragraph (n).
2.30 (d) Applicants with
convictions under United States Code, title 18, section 704, are not
2.31 eligible for burial in
state veterans cemeteries. By January 1, 2027, the commissioner shall
3.1 establish a process to
verify that applicants for burial have not been convicted of stolen
3.2 valor.
3.3 Sec. 3. Minnesota Statutes
2025 Supplement, section 197.236, subdivision 9, is amended
3.4 to read:
3.5 Subd. 9.Burial
fees. (a) The commissioner of veterans affairs shall establish a fee
3.6 schedule, which may be
adjusted from time to time, for the interment of eligible spouses
3.7 and dependent children
qualified persons under subdivision 8, paragraph (a), clauses (2)
3.8 and (3). The fees
shall cover as nearly as practicable the actual costs of interment,
excluding
3.9 the value of the plot.
3.10 (b) Upon application, the
commissioner may waive or reduce the burial fee for an indigent
3.11 eligible person. The
commissioner shall maintain a policy, eligibility standards, and
3.12 application form for requests
to waive or reduce the burial fee to indigent eligible applicants.
3.13 (c) No plot or interment fees
may be charged for the burial of service members who die
3.14 on active duty or eligible
veterans, as defined in United States Code, title 38, section 2402,
3.15 paragraph (a), subparagraphs 1
to 4 and 7.
