Miscellaneous

Who Counts as a Veteran in Minnesota

One definition governs most of Minnesota law, and it asks for 181 consecutive days. Three programmes use wider tests, three sections are excluded from the definition outright, and since 2026 a VA forfeiture determination closes chapters 196 to 198 entirely.

Also called: 197.447, 197.792, veteran defined, 181 consecutive days, 38 CFR 3.12a, Public Law 95-202, forfeiture, resident alien, general discharge.

For: Veteran or service member.

Where it applies

Written for the jurisdictions listed here.

Minnesota funnels almost everything through one definition, which makes the exceptions worth knowing precisely. Section 197.447 says the word "veteran" as used in Minnesota Statutes, except in sections 136F.28, 196.21 and 243.251, means a citizen of the United States or a resident alien who has been separated under honorable conditions from any branch of the armed forces of the United States after having served on active duty for 181 consecutive days, or by reason of disability incurred while serving on active duty, or who has met the minimum active duty requirement as defined by 38 C.F.R. 3.12a, or who has active military service certified under section 401 of Public Law 95-202. The active military service must be certified by the United States secretary of defense as active military service and a discharge under honorable conditions must be issued by the secretary. Four things in that sentence do work. "Separated under honorable conditions" is wider than "honorable". A general discharge under honorable conditions satisfies section 197.447. It does not satisfy the state veterans cemetery eligibility added in 2026, which says expressly that an honorable discharge under that section does not include a general discharge under honorable conditions, and it does not satisfy the market value exclusion in section 273.13, subdivision 34, which asks for an honorable discharge as indicated by a DD214. "181 consecutive days" is consecutive, not cumulative. A member with 200 days of active duty broken into three periods does not meet the first route, though the 38 C.F.R. 3.12a route may still be available. "Resident alien" is in the definition. A lawful permanent resident who served is a veteran in Minnesota. And the Public Law 95-202 route reaches the civilian groups whose service the secretary of defense has certified as active military service, which includes the Women Airforce Service Pilots and the other groups certified under that act. The three excluded sections are not incidental. Section 136F.28 concerns Minnesota State Colleges and Universities, section 196.21 concerned the environmental hazards information and assistance programme and was repealed by Laws 2026, chapter 50, and section 243.251 concerns corrections. Those sections carry their own definitions. Three programmes deliberately use wider tests. The Minnesota GI Bill in section 197.791, subdivision 1, paragraph (h) adds a service member with 90 days or more of federal active duty in a foreign country during hostilities, or a listed post-9/11 campaign medal, or a service-related medical discharge from such service, and treats a person meeting that test who is still serving as a veteran. Section 197.775 on higher education fairness adds any person serving in active service under section 190.05, subdivision 5. Section 168.123 issues veterans plates on service in the armed forces of the United States or of a nation or society allied with the United States in conducting a foreign war, which reaches people with no United States service at all. Section 197.448 sits outside the definition rather than inside it. It gives a named list of benefits to a veteran of the Secret War in Laos without making that person a veteran under section 197.447, so nothing outside the list follows. The newest gate is a disqualification. Section 197.792, enacted by Laws 2026, chapter 50, section 2, says an individual who is a veteran as defined under section 197.447, or a former member of the armed forces, does not qualify for state-funded veterans benefits, services or programmes under chapters 196 to 198 if VA has determined that the individual has forfeited entitlement to federal benefits under 38 U.S.C. chapter 61. Chapter 61 forfeiture covers fraud, treason and subversive activities and is rare, but where it applies it closes the veterans homes, the State Soldiers Assistance Program, the Minnesota GI Bill, the survivor education benefit and the state cemeteries in one stroke. Note the boundary of that disqualification. It reaches chapters 196 to 198 and nothing else. The market value exclusion in chapter 273, the income tax provisions in chapter 290, the vehicle and licence fee exemptions in chapters 168 and 171, the hunting, fishing and park provisions in chapters 85 and 97A, the employment preference in chapter 43A and the procurement preference in chapter 16C all sit outside it.

Thresholds

Thresholds for Who Counts as a Veteran in Minnesota
GateRule
181 consecutive days of active duty, or separation for a disability incurred on active dutySection 197.447. The 181 days must be consecutive, not cumulative. Alternatives are the minimum active duty requirement in 38 C.F.R. 3.12a and service certified under section 401 of Public Law 95-202.
Separated under honorable conditions, which includes a general dischargeSection 197.447 says "separated under honorable conditions". Section 197.236, subdivision 8, paragraph (c) and section 273.13, subdivision 34, paragraph (a) each ask for more than that for their own purposes.
A United States citizen or a resident alienSection 197.447 names both, so a lawful permanent resident who served is within the definition.
Three sections are excluded from the definitionSection 197.447 excepts sections 136F.28, 196.21 and 243.251, which carry their own definitions. Section 196.21 was repealed by Laws 2026, chapter 50.
Three programmes use wider tests of their ownThe Minnesota GI Bill in section 197.791, subdivision 1, paragraph (h); higher education fairness in section 197.775, subdivision 1, paragraph (d); and veterans plates in section 168.123, subdivision 1, which reaches service with a nation or society allied with the United States.
A VA forfeiture determination closes chapters 196 to 198Section 197.792, enacted by Laws 2026, chapter 50, section 2. It reaches state-funded veterans benefits, services and programmes under chapters 196 to 198 only, and does not reach the property tax, income tax, vehicle, outdoor, employment or procurement provisions in other chapters.

Sources

Legislation

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Laws of Minnesota 2026, chapter 50 Closed chapters 196 to 198 to a veteran whose federal benefits VA has declared forfeited

Catalog reconciledEnactedProgram repealedScope changed

Signed

  1. Introduced Done, , step 1 of 6
  2. In committee Done, , step 2 of 6
  3. Passed one chamber Done, , step 3 of 6
  4. Passed both chambers Done, , step 4 of 6
  5. Signed by the governor Done, , step 5 of 6
  6. In effect Done, , step 6 of 6

Restricts benefits Bars state veterans benefits to anyone whose federal benefits VA has declared forfeited.

Enacted Minn. Stat. 197.792, providing that a veteran as defined in 197.447, or a former member of the armed forces, does not qualify for state-funded veterans benefits, services or programmes under chapters 196 to 198 where VA has determined the individual forfeited entitlement to federal benefits under 38 U.S.C. chapter 61. This is a new cross-cutting disqualification reaching the veterans homes, the State Soldiers Assistance Program, the Minnesota GI Bill, the survivor education benefit and the state cemeteries at once, and it appears in none of the individual programme statutes. The same act repealed sections 196.19, 196.21, 196.22 subds. 1, 2, 3 and 5, 196.23 to 196.26 and 197.225, ending the environmental hazards information and assistance programme and the list of deceased military personnel, and added a deputy commissioner for administration. Tracked because a gate written into one new section and nowhere else is the kind a county veterans service officer will not see when reading the programme statute.

Sponsors

  • RepinskiHouse
  • KupecSenate

Touches Minn. Stat. § 197.792 · Minn. Stat. § 196.021 · Minn. Stat. § 196.19 · Minn. Stat. § 197.225

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Disclaimer

VetTOC is not affiliated with the U.S. Department of Veterans Affairs or the Department of Defense. Information is for reference only and is not an eligibility determination. Verify with VA, the relevant state or territory, or an accredited VSO.