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