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45.20(2)(b)1.c. c. The veteran is a resident at the time of application for the program and was a Wisconsin resident at the time of entry into service or was a resident for any consecutive 12-month period after entry into service and before the date of his or her application. If a person applying for a benefit under this subsection meets the residency requirement of 12 consecutive months, the department may not require the person to reestablish that he or she meets that residency requirement when he or she later applies for any other benefit under this chapter that requires that residency.
45.20(2)(b)2. 2. In determining eligibility under this subsection, the department shall verify all reported income amounts.
45.20(2)(b)3. 3. A veteran is not eligible under this program if the veteran has an undergraduate degree from any institution of higher education.
45.20(2)(c) (c) Program benefits.
45.20(2)(c)1.1. A veteran who meets the eligibility requirements under par. (b) 1. may be reimbursed upon satisfactory completion of an undergraduate semester in any institution of higher education in this state, or upon satisfactory completion of a course at any school that is approved under s. 45.03 (11), any proprietary school that is approved under s. 38.50, any public or private high school, any tribal school, as defined in s. 115.001 (15m), that operates any grade from 9 to 12, or any institution from which the veteran receives a waiver of nonresident tuition under s. 39.47. Except as provided in par. (e), the amount of reimbursement may not exceed the total cost of the veteran's tuition minus any grants or scholarships that the veteran receives specifically for the payment of the tuition, or, if the tuition is for an undergraduate semester in any institution of higher education, the standard cost of tuition for a state resident for an equivalent undergraduate semester at the University of Wisconsin-Madison, whichever is less.
45.20(2)(c)2. 2. An application for reimbursement of tuition under this subsection shall meet all of the following requirements:
45.20(2)(c)2.a. a. Be completed and received by the department in a time limit set by administrative rule.
45.20(2)(c)2.b. b. Contain the information necessary to establish eligibility as determined by the department.
45.20(2)(c)2.c. c. Be on the application form established by the department.
45.20(2)(c)2.d. d. Contain the signatures of both the applicant and a representative of the institution or school certifying that the applicant has satisfactorily completed the semester.
45.20(2)(c)3. 3. Reimbursement provided under this subsection shall be paid from the appropriation under s. 20.485 (2) (tf). If the amount of funds applied for exceeds the amount available under s. 20.485 (2) (tf), the department may reduce the reimbursement percentage, except to disabled veterans who are eligible for 100 percent of tuition and fees under par. (e), or deny applications for reimbursement that would otherwise qualify under this subsection. In those cases, the department shall determine the reimbursement percentage, except to disabled veterans who are eligible for 100 percent of tuition and fees under par. (e), and eligibility on the basis of the dates on which applications for reimbursement were received.
45.20(2)(c)4. 4. Reimbursement of tuition and fees for a course may be provided at an institution or school under this paragraph other than the one from which the veteran is receiving his or her degree or certificate of graduation or course completion if all of the following apply:
45.20(2)(c)4.a. a. The curriculum at the institution or school consists only of courses necessary to complete a degree in a particular course of study.
45.20(2)(c)4.b. b. The course is accepted as transfer credits at the institution or school listed under this paragraph from which the veteran is receiving his or her degree but is not available at that institution or school.
45.20(2)(d) (d) Limitations.
45.20(2)(d)1.1. Subject to subd. 1m., a veteran's eligibility for reimbursement under this subsection at any institution of higher education in this state, at a school that is approved under s. 45.03 (11), at a proprietary school that is approved under s. 38.50, at a public or private high school, at a tribal school, as defined in s. 115.001 (15m), that operates any grade from 9 to 12, or at an institution where he or she is receiving a waiver of nonresident tuition under s. 39.47 is limited to the following:
45.20 Note NOTE: Subd. 1. (intro.) is shown as affected by 2 acts of the 2009 Wisconsin legislature and as merged by the legislative reference bureau under s. 13.92 (2) (i).
45.20(2)(d)1.a. a. If the veteran served on active duty, except service on active duty for training purposes, for 90 to 180 days, the veteran may be reimbursed for a maximum of 30 credits or 2 semesters, or an equivalent amount of credits or semesters if at a school other than an institution of higher education.
45.20(2)(d)1.b. b. If the veteran served on active duty, except service on active duty for training purposes, for 181 to 730 days, the veteran may be reimbursed for a maximum of 60 credits or 4 semesters, or an equivalent amount of credits or semesters if at a school other than an institution of higher education.
45.20(2)(d)1.c. c. If the veteran served on active duty, except service on active duty for training purposes, for more than 730 days, the veteran may be reimbursed for a maximum of 120 credits or 8 semesters, or an equivalent amount of credits or semesters if at a school other than an institution of higher education.
45.20(2)(d)1m. 1m. For courses begun later than 10 years after the veteran's separation from the service, a veteran may not be reimbursed for more than 60 of the credits to which the veteran's eligibility is limited under subd. 1. and may not be reimbursed for more than 11 semester credits or equivalent trimester or quarter credits for any semester or session, other than a summer semester or session, regardless of the number of credits taken during that semester or session.
45.20(2)(d)2. 2. The department may provide reimbursement under this subsection to a veteran who is delinquent in child support or maintenance payments or who owes past support, medical expenses or birth expenses, as established by appearance of the veteran's name on the statewide support lien docket under s. 49.854 (2) (b), only if the veteran provides the department with one of the following:
45.20(2)(d)2.a. a. A repayment agreement that the veteran has entered into, that has been accepted by the county child support agency under s. 59.53 (5) and that has been kept current for the 6-month period immediately preceding the date of the application.
45.20(2)(d)2.b. b. A statement that the veteran is not delinquent in child support or maintenance payments and does not owe past support, medical expenses or birth expenses, signed by the department of children and families or its designee within 7 working days before the date of the application.
45.20(2)(d)3. 3. A veteran may not receive reimbursement under this subsection for any semester in which he or she is eligible for or received a grant under s. 321.40 or under 10 USC 2007.
45.20(2)(d)4. 4. A veteran may not receive reimbursement under this subsection for any semester in which the veteran fails to receive at least a 2.0 grade point average or an average grade of "C".
45.20(2)(e) (e) Disabled veteran eligibility. A disabled veteran who meets the requirements under this subsection and whose disability is rated at 30% or more under 38 USC 1114 or 1134 may be reimbursed for up to 100% of the cost of tuition and fees, but that reimbursement is limited to 100% of the standard cost for a state resident for tuition and fees for an equivalent undergraduate course at the University of Wisconsin-Madison per course if the tuition and fees are for an undergraduate semester in any institution of higher education.
45.20 History History: 2005 a. 22, 25; 2007 a. 20, 200; 2009 a. 28, 297, 302; s. 13.92 (2) (i).
45.20 Cross-reference Cross-reference: See also ch. VA 2, Wis. adm. code.
45.21 45.21 Retraining assistance program.
45.21(1) (1)Amount and application. The department may pay a veteran not more than $3,000 for retraining to enable the veteran to obtain gainful employment. The department shall determine the amount of the payment based on the veteran's financial need. A veteran may apply for aid to the county veterans service officer of the county in which the veteran is living. The department may, on behalf of a veteran who is engaged in a structured on-the-job training program and who meets the requirements under sub. (2), make a payment under this subsection to the veteran's employer.
45.21(2) (2)Eligibility. The department may provide aid under this section if all of the following apply:
45.21(2)(a) (a) The veteran is enrolled in a training course in a technical college under ch. 38 or in a proprietary school in the state approved by the educational approval board under s. 38.50, other than a proprietary school offering a 4-year degree or 4-year program, or is engaged in a structured on-the-job training program that meets program requirements promulgated by the department by rule.
45.21(2)(b) (b) The veteran meets the financial assistance criteria established under sub. (3) (c).
45.21(2)(c) (c) The veteran is unemployed, underemployed, as defined by rule, or has received a notice of termination of employment.
45.21(2)(d) (d) The veteran requesting aid has not received reimbursement under s. 45.20 for courses completed during the same semester for which a grant would be received under this section.
45.21(2)(e) (e) The department determines that the veteran's proposed program will provide retraining that could enable the veteran to find gainful employment. In making its determination, the department shall consider whether the proposed program provides adequate employment skills and is in an occupation for which favorable employment opportunities are anticipated.
45.21(3) (3)Rules. The department shall promulgate rules for the distribution of aid under this program, including all of the following:
45.21(3)(a) (a) Standard budgets for single and married veterans.
45.21(3)(b) (b) Selection procedures.
45.21(3)(c) (c) Uniform need determination procedures.
45.21(3)(d) (d) Application procedures.
45.21(3)(e) (e) Coordination with other occupational training programs.
45.21(3)(f) (f) Other provisions the department deems necessary to assure uniform administration of this program.
45.21(4) (4)Report. The department shall include in its biennial report under s. 15.04 (1) (d) information relating to the veterans retraining assistance program, including the number of veterans obtaining gainful employment after receiving aid and a description of the veterans receiving aid, including their sex, age, race, educational level, service-connected disability status, and income before and after obtaining gainful employment. This information may be based on a valid statistical sample.
45.21 History History: 2005 a. 22, 25.
45.21 Cross-reference Cross-reference: See also ch. VA 2, Wis. adm. code.
subch. III of ch. 45 SUBCHAPTER III
VETERANS HOUSING LOAN PROGRAM
45.30 45.30 Purpose.
45.30(1)(1)Legislative findings. It is determined that veterans, who have sacrificed in the service of their country valuable years of their lives and considerable earning potential, constitute a readily identifiable and particularly deserving segment of this state's population. It is further determined that by making additional housing funds available to eligible veterans, limited private home loan funds will be more readily available to all. It is further determined that the loan programs established under this subchapter are special purpose credit programs for an economically disadvantaged class of persons for the purposes of 15 USC 1691-1691f.
45.30(2) (2)Legislative intent. This subchapter is created principally to enable the state and the authority to exercise their borrowing power to increase those funds available for loans providing for the purchase or construction of private housing, without requiring down payments beyond the reach of families of modest means. It is the intent of the legislature that the department in its administration of this subchapter avoid the duplication of those administrative services available through private lending institutions, utilizing the administrative services of such institutions to the maximum extent consistent with the purposes of this subchapter.
45.30 History History: 2005 a. 22.
45.31 45.31 Definitions. In this subchapter:
45.31(1) (1) "Anticipated annual shelter payment" means the total annual payments anticipated for the following, as determined by the department or authorized lender on the basis of the loan applied for under s. 45.37:
45.31(1)(a) (a) Real estate taxes on the premises to be mortgaged.
45.31(1)(b) (b) Insurance premiums for coverage required under s. 45.37 (3) (b).
45.31(1)(c) (c) Required payments on principal and interest on all mortgages placed or to be placed against the home of an eligible person.
45.31(2) (2) "Authority" means the Wisconsin Housing and Economic Development Authority.
45.31(3) (3) "Authorized lender" means any lender or servicer authorized under s. 45.37 (5) (a) 5. to make or service loans under s. 45.37.
45.31(4) (4) "Closing costs" include:
45.31(4)(a) (a) Any origination fee authorized under s. 45.37 (5) (b).
45.31(4)(b) (b) Attorney fees.
45.31(4)(c) (c) Recording fees.
45.31(4)(d) (d) Other costs authorized by the department.
45.31(5) (5) "Eligible person" means any person eligible under s. 45.33 (1) and not disqualified under s. 45.33 (2) to receive a loan under this subchapter.
45.31(6) (6) "Federal Home Loan Mortgage Corporation" means the corporation created under 12 USC 1451 to 1459.
45.31(7) (7) "Funds" include cash on hand and liquid investments owned by the veteran and his or her spouse, individually or jointly, unless the veteran and spouse are legally separated under s. 767.35 (1).
45.31(8) (8) "Guaranteed loan" means a loan guaranteed by the U.S. department of veterans affairs under 38 USC 1801 to 1827.
45.31(9) (9) "Home" means a building or portion of a building used by the veteran as a residence, and includes condominiums and income-producing property, a portion of which is used as a principal place of residence by the veteran, and the land, including existing improvements, appertaining to the building.
45.31(10) (10) "Income" means the sum of the federal adjusted gross income plus any income received that may reasonably be expected to be regular and dependable.
45.31(11) (11) "Insurer" means any insurer authorized to do business in this state.
45.31(12) (12) "Manufactured home" means a manufactured home, as defined in s. 101.91 (2).
45.31(13) (13) "Monthly payment" means all of the following:
45.31(13)(a) (a) Required payments on principal and interest.
45.31(13)(b) (b) Insurance premiums for coverage required under s. 45.37 (3) (b).
45.31(13)(c) (c) One-twelfth of annual real estate taxes on the mortgaged property.
45.31(14) (14) "Qualified purpose" means any purpose authorized under s. 45.34 (1).
45.31(15) (15) "Qualified veterans' mortgage bonds" means federally tax-exempt bonds issued under the authority of 26 USC 143.
45.31 History History: 2005 a. 22, 25; 2007 a. 11, 96.
45.31 Cross-reference Cross-reference: See also ch. VA 4, Wis. adm. code.
45.32 45.32 Powers of the department. With respect to loans made by and mortgages and mortgage notes executed or properties mortgaged to the department or to authorized lenders under this subchapter, the department may do any of the following:
45.32(1) (1) Execute necessary instruments.
45.32(2) (2) Collect interest and principal.
45.32(3) (3) Compromise indebtedness due on mortgage notes.
45.32(4) (4) Sue and be sued.
45.32(5) (5) Exercise the rights of a mortgagee, generally including the right to do any of the following:
45.32(5)(a) (a) Acquire or take possession of the mortgaged property and in so doing the department may accept voluntary surrender and conveyance of title to the property in full satisfaction of a mortgage debt or may bid for and purchase the property at a sheriff's sale or replevin the property.
45.32(5)(b) (b) Commit itself to execute and execute subordination agreements, partial releases, and other necessary instruments.
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