AB100: Bill Text

AB100,647,6 45.16 Burial allowance. Each county veterans' service officer shall cause to be interred in a decent and respectable manner in any cemetery in this state, other than those used exclusively for the burial of paupers, the body of any person who served in any war of the United States, in the Korean conflict, in the Vietnam war, under section 1 of executive order 10957, dated August 10, 1961, or had service that entitled the person to receive the armed forces expeditionary medal, established by executive order 10977 on December 4, 1961, the Vietnam service medal established by executive order 11231 on July 8, 1965, the navy expeditionary medal or the marine corps expeditionary medal or who served in Bosnia, Grenada, Lebanon, Panama, Somalia or a Middle East crisis under s. 45.34 and who was discharged under honorable conditions after 90 days or more of active service, in the U.S. armed forces, or if having served less than 90 days was honorably discharged for a disability incurred in line of duty and who was living in the county at the time of death, meets the definition of a "veteran" under s. 45.35 (5) and who dies not leaving sufficient means to defray the necessary expenses of a decent burial, or under financial circumstances that would distress the person's family to pay the expenses of the burial, and the body of a spouse or surviving spouse of the person who dies not leaving such means or under the same financial circumstances and who was living in the county at the time of death, at an expense to the county of not more than $300 in addition to the burial allowance payable under laws administered by the U.S. department of veterans affairs.

AB100, s. 1350 Section 1350. 45.25 (1) of the statutes is amended to read:

AB100,647,12 45.25 (1) Administration. The department of veterans affairs shall administer a tuition and fee reimbursement program for eligible veterans enrolling as undergraduates in any institution or center within the university of Wisconsin system or, enrolling in any technical college under ch. 38 or receiving a waiver of nonresident tuition under s. 39.47.

AB100, s. 1351 Section 1351. 45.25 (2) (b) of the statutes is amended to read:

AB100,647,20 45.25 (2) (b) The individual served on active duty, except service on active duty for training purposes, under honorable conditions in the U.S. armed forces for 2 continuous years or more or the full period of the individual's initial service obligation, whichever is less. An individual discharged for reasons of hardship or a service-connected disability or released due to a reduction in the U.S. armed forces prior to the completion of the required period of service is eligible, regardless of the actual time served meets the definition of a "veteran" under s. 45.35 (5).

AB100, s. 1352 Section 1352. 45.25 (2) (c) of the statutes is amended to read:

AB100,647,23 45.25 (2) (c) The individual applies for the tuition and fee reimbursement program for courses completed within 6 10 years after separation from the service.

AB100, s. 1353 Section 1353. 45.25 (3) (a) of the statutes, as affected by 1995 Wisconsin Act 255, is amended to read:

AB100,648,13 45.25 (3) (a) An individual who meets the requirements under sub. (2), upon satisfactory completion of an undergraduate semester in any institution or center within the university of Wisconsin system or a semester at any technical college district school under ch. 38, may be reimbursed for up to 50% of the individual's tuition and fees, other than textbooks and other costs, charged by the institution, center or school, but that reimbursement is limited to a maximum of 50% of the standard cost for a state resident for an equivalent undergraduate course at the University of Wisconsin-Madison per course or the difference between the individual's tuition and fees and the grants or scholarships, including those made under s. 21.49, that the individual receives specifically for the payment of the tuition or fees, whichever is less. Reimbursement is available only for tuition and fees that are part of a curriculum that is relevant to a degree in a particular course of study at the institution, center or school.

AB100, s. 1354 Section 1354. 45.25 (3) (c) of the statutes is amended to read:

AB100,648,20 45.25 (3) (c) Reimbursement provided under this section shall be paid from the appropriation under s. 20.485 (2) (tf) (vy). If the amount of funds applied for exceeds the amount available under s. 20.485 (2) (tf) (vy), the department may deny applications for reimbursement that would otherwise qualify under this section. In those cases, the department shall determine eligibility on the basis of the dates on which applications for reimbursement were received.

AB100, s. 1355 Section 1355. 45.25 (4) (a) of the statutes is amended to read:

AB100,649,2 45.25 (4) (a) An individual is not eligible for reimbursement under sub. (2) for more than 120 credits of part-time study or 8 full semesters of full-time study at any institution or center within the university of Wisconsin system or, 60 credits of part-time study or 4 full semesters of full-time study at a technical college under ch. 38, or an equivalent amount of credits at an institution where he or she is receiving a waiver of nonresident tuition under s. 39.47.

AB100, s. 1356 Section 1356. 45.25 (4) (d) of the statutes is amended to read:

AB100,649,7 45.25 (4) (d) The department may provide reimbursement under sub. (2) from the appropriation account under s. 20.485 (2) (tf) (vy) for the fiscal year in which the course was completed or in which the academic term during which the course was taken ended, whichever is earlier.

AB100, s. 1357 Section 1357. 45.35 (5) (a) 1. d. of the statutes is created to read:

AB100,649,14 45.35 (5) (a) 1. d. Has served on active duty under conditions other than dishonorable in the U.S. armed forces for 2 continuous years or more or the full period of the individual's initial service obligation, whichever is less. An individual discharged for reasons of hardship or a service-connected disability or released due to a reduction in the U.S. armed forces prior to the completion of the required period of service is eligible, regardless of the actual time served.

AB100, s. 1358 Section 1358. 45.35 (5m) (a) (intro.) of the statutes is amended to read:

AB100,649,17 45.35 (5m) (a) (intro.) "Dependent" of a veteran as used in this section and s. ss. 45.351 and 45.356 includes only:

AB100, s. 1359 Section 1359. 45.35 (6) of the statutes is amended to read:

AB100,650,7 45.35 (6) Coordination duties. The department shall coordinate the activities of all state agencies and the University of Wisconsin Hospitals and Clinics Authority performing functions relating to the medical, hospital, or other remedial care, placement and training, educational, economic or vocational rehabilitation of persons who served in the armed forces of the United States at any time and who were honorably discharged, including such persons with disabilities whether or not service-connected or war-connected. In particular it shall coordinate the activities of the technical college system board, state selective service administration, department of health and family services, department of industry, labor and job development, department of education public instruction, the university of Wisconsin system and other educational institutions, the University of Wisconsin Hospitals and Clinics Authority, and all other departments or agencies performing any of the functions specified to the end that the benefits provided in this section may be made available to veterans as promptly and effectively as possible.

AB100, s. 1360 Section 1360. 45.35 (15) of the statutes is amended to read:

AB100,650,11 45.35 (15) Liberal construction intended. This section, ss. 45.351, 45.356 and 45.37 and subch. II shall be construed as liberally as the language permits in favor of applicants.

AB100, s. 1361 Section 1361. 45.35 (18) of the statutes is created to read:

AB100,650,16 45.35 (18) Loan repayments. The department shall deposit all repayments of loans and payments of interest made on loans under s. 45.351 (2), 1995 stats., s. 45.352, 1971 stats., s. 45.356, 1995 stats., or s. 45.80, 1989 stats., in the veterans trust fund.

AB100, s. 1362 Section 1362. 45.351 (1j) of the statutes is created to read:

AB100,651,8 45.351 (1j) Health care aid grants. (a) The department may grant to any veteran or dependents such temporary health care aid as the department considers advisable to prevent want or distress. Health care aid to meet medical or hospital bills under this paragraph is limited to a payment of up to $5,000 per veteran or dependent for a maximum of 30 days within a 12-month period for the same condition or conditions. Health care aid may be used to provide payment for the treatment of alcoholism or other drug addiction or to provide payment for health care required because of alcoholism or other drug addiction or alcohol or other drug abuse. The department may not grant health care aid under this paragraph unless the aid recipient's health care provider agrees to accept, as full payment for the medical treatment for which the aid is to be granted, the amount of the grant, the amount of the recipient's health insurance or other 3rd-party payments, if any, and the amount that the department determines the aid recipient is capable of paying. The department may not grant health care aid under this paragraph if the combined liquid assets of the applicant for aid, and of the veteran and veteran's dependents who are living in the same household with the applicant, are in excess of $1,000.

AB100,651,9 (b) This subsection does not apply after June 30, 1999.

AB100, s. 1363 Section 1363. 45.351 (2) of the statutes is repealed.

AB100, s. 1364 Section 1364. 45.351 (3) of the statutes is amended to read:

AB100,651,14 45.351 (3) Appropriations. The department may award grants and loans under this section from the appropriation in s. 20.485 (2) (vm). Nothing in this section empowers the department to incur any state debt.

AB100, s. 1365 Section 1365. 45.353 (2) of the statutes is amended to read:

AB100,652,3 45.353 (2) Upon application the department shall make a payment to any state veterans organization that establishes that it, or its national organization, or both, has maintained a full-time service office at the regional office for at least 5 of the 10 years preceding the date of application. The payment shall equal 25% of all salaries and travel expenses under sub. (3) paid during the previous fiscal year by the state veterans organization to employes engaged in veterans claims service and stationed at the regional office, except that the sum paid to a state veterans organization annually shall not be less than either $2,500, or the amount of salaries and travel expenses paid by the state veterans organization to employes stationed at the regional office, whichever is less, nor more than $15,000. In addition, the department may provide a performance incentive award to any state veterans organization that receives a payment under this section from the amount remaining in the appropriation under s. 20.485 (2) (vw) after the initial payment has been made.

AB100, s. 1366 Section 1366. 45.356 (title) of the statutes is amended to read:

AB100,652,5 45.356 (title) Veterans trust fund stabilization personal loans.

AB100, s. 1367 Section 1367. 45.356 (1m) (b) of the statutes is amended to read:

AB100,652,8 45.356 (1m) (b) "Veteran" has the meaning given in s. 45.71 (16) (a) 45.35 (5) (a).

AB100, s. 1368 Section 1368. 45.356 (2) of the statutes is amended to read:

AB100,652,17 45.356 (2) The department may lend a veteran, a veteran's unremarried spouse or a deceased veteran's child who meets the requirements of s. 45.35 (5m) (a) 2. not more than $15,000 or a lesser amount established by the department by rule for the purchase of a mobile home, business or business property, the repair of or addition to his or her home or business property, the construction of a garage, the education of the veteran or his or her spouse or children, the payment of medical or funeral expenses or the consolidation of debt. The department may prescribe loan conditions, but the term of the loan may not exceed 10 years.

AB100, s. 1369 Section 1369. 45.356 (3) of the statutes is amended to read:

AB100,652,24 45.356 (3) The department may lend not more than $15,000 or a lesser amount established by the department by rule to a veteran's remarried surviving spouse, whether remarried or not, or to the parent of a deceased veteran's children child for the education of the minor or dependent children of the veteran if the surviving spouse or parent is a resident of and living in this state on the date of application a child who meets the requirements of s. 45.35 (5m) (a) 2.

AB100, s. 1370 Section 1370. 45.356 (3m) of the statutes is created to read:

AB100,653,2 45.356 (3m) To be eligible for a loan under this section, an applicant must be a resident of and living in this state on the date of the application.

AB100, s. 1371 Section 1371. 45.356 (4) of the statutes is amended to read:

AB100,653,12 45.356 (4) The department shall administer this program as a fiduciary for the purpose of maximizing the asset and income base of the veterans trust fund. The department may execute necessary instruments, collect interest and principal, compromise indebtedness, sue and be sued, post bonds and write off indebtedness that it considers uncollectible. If a loan under this subsection section is secured by a real estate mortgage, the department may exercise the rights of owners and mortgagees generally and the rights and powers set forth in s. 45.72. The department shall pay all interest and principal repaid on the loan into the veterans trust fund.

AB100, s. 1372 Section 1372. 45.356 (8) of the statutes is created to read:

AB100,653,18 45.356 (8) No person may receive a loan under this section in an amount that, when added to the balance outstanding on the person's existing loans under s. 45.351 (2), 1995 stats., and s. 45.356, 1995 stats., would result in a total indebtedness to the department of more than $15,000, or a lesser amount as established by the department by rule.

AB100, s. 1373 Section 1373. 45.356 (9) of the statutes is created to read:

AB100,653,22 45.356 (9) (a) The department may borrow from the veterans mortgage loan repayment fund under s. 45.79 (7) (a) and shall pledge loans made under this section as collateral for the borrowing.

AB100,653,24 (b) The department may enter into transactions with the state investment board to obtain money to make loans under this section.

AB100,654,5 (c) All moneys received by the department from the repayment of loans funded under this section, net proceeds from the sale of mortgaged properties, gifts, grants, other appropriations and interest earnings accruing thereon, shall be used to repay any money borrowed from the veterans mortgage loan repayment fund under par. (a) and to repay any money obtained from the state investment board under par. (b).

AB100, s. 1374 Section 1374. 45.357 (title) of the statutes is amended to read:

AB100,654,7 45.357 (title) Veterans rehabilitation assistance program.

AB100, s. 1375 Section 1375. 45.357 of the statutes is renumbered 45.357 (1) and amended to read:

AB100,654,19 45.357 (1) The department of veterans affairs shall administer a rehabilitation program to provide assistance to persons who served in the U.S. armed forces or in forces incorporated as part of the U.S. armed forces and who were discharged under conditions other than dishonorable. The department shall provide assistance to persons whose need for services is based upon homelessness, incarceration or other circumstances designated by the department by rule. The department shall designate the assistance available under this section, which may include assistance in receiving medical care, dental care, education, employment and transitional housing. The department may provide grants to facilitate the provision of services under this section.

AB100, s. 1376 Section 1376. 45.357 (2) of the statutes is created to read:

AB100,654,25 45.357 (2) The department may charge fees for transitional housing and for such other assistance that is provided under this section as the department designates. Any fees received shall be credited to the veterans trust fund. The department shall promulgate rules establishing the fee schedule and the manner of implementation of that schedule.

AB100, s. 1377 Section 1377. 45.37 (1a) of the statutes is amended to read:

AB100,655,17 45.37 (1a) Definition of veteran. Except as provided in sub. (15) (a) and (b), in this section "veteran" has the meaning given in s. 45.35 (5) (a) or means any person who served on active duty under honorable conditions in the U.S. armed forces or in forces incorporated as part of the U.S. armed forces who was entitled to receive the armed forces expeditionary medal, established by executive order 10977 on December 4, 1961, the Vietnam service medal established by executive order 11231 on July 8, 1965, the navy expeditionary medal or the marine corps expeditionary medal or who served in Bosnia, Grenada, Lebanon, Panama, Somalia or a Middle East crisis under s. 45.34 or any person who served for at least one day during a war period, as defined in s. 45.35 (5) (e) or under section 1 of executive order 10957, dated August 10, 1961, and who was officially reported missing in action or killed in action or who died in service, or who was discharged under honorable conditions after 90 days or more of active service, or if having served less than 90 days was honorably discharged for a service-connected disability or for a disability subsequently adjudicated to have been service connected, or who died as a result of service-connected disability.

AB100, s. 1378 Section 1378. 45.37 (2) (c) of the statutes is repealed.

AB100, s. 1379 Section 1379. 45.37 (3) (a) of the statutes is repealed.

AB100, s. 1380 Section 1380. 45.396 (2) of the statutes is amended to read:

AB100,656,9 45.396 (2) Any veteran upon the completion of any correspondence course or part-time classroom study from an institution of higher education located in this state or from any public or private high school may be reimbursed in whole or in part for the cost of the course, including necessary textbooks, by the department upon presentation to the department of a certificate from the school indicating that the veteran has completed the course and stating the cost of the course and necessary textbooks and upon application for reimbursement completed by the veteran and received by the department no later than 60 days after the termination of the course for which the application for reimbursement is made. The department shall accept and process an application received more than 60 days after the termination of the course if the applicant shows good cause for the delayed receipt. The department may not require that an application be received sooner than 60 days after a course is completed. Benefits granted under this section shall be paid out of the appropriation under s. 20.485 (2) (vm) (vy).

AB100, s. 1381 Section 1381. 45.396 (4) of the statutes is amended to read:

AB100,656,17 45.396 (4) Enrolled part-time classroom study or direct correspondence courses from a qualified educational institution may be authorized and the veteran reimbursed in whole or in part by the department when such courses are related to one's occupational, professional or educational employment objectives, and to the extent that payment or reimbursement is not available from any other sources, or, in cases where reimbursement is not specifically for fees and textbooks tuition, to the extent that such reimbursement is insufficient to cover all educational costs.

AB100, s. 1382 Section 1382. 45.396 (5) of the statutes is amended to read:

AB100,656,24 45.396 (5) The reimbursement may not exceed 50% of the cost of tuition, and fees and textbooks and shall also be limited to a maximum of $300 per course and $1,100 per fiscal year 50% 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 and may not be provided to an individual more than 4 times during any consecutive 12-month period.

AB100, s. 1383 Section 1383. 45.396 (8) of the statutes is created to read:

AB100,657,4 45.396 (8) Nothwithstanding sub. (2), the department may not make a grant under this section unless the department determines that a course for which an application is made is related to the applicant's occupational, professional or employment objectives.

AB100, s. 1384 Section 1384. 45.42 (1) of the statutes is amended to read:

AB100,657,19 45.42 (1) The department may compile a record of the burial places within the state of persons who served in the U.S. armed forces in time of war as defined in s. 45.35 (5) (e) or in Bosnia, Grenada, Lebanon, Panama, Somalia or a Middle East crisis under s. 45.34, or under section 1 of executive order 10957, dated August 10, 1961, or whose service entitled them to receive the armed forces expeditionary medal, established by executive order 10977 on December 4, 1961, the Vietnam service medal established by executive order 11231 on July 8, 1965, the navy expeditionary medal or the marine corps expeditionary medal meet the definition of a "veteran" under s. 45.35 (5) (a). The record, so far as practicable, may indicate the name of each person; the service in which engaged; the appropriate designation of armed forces unit; the rank and period of service; the name and location of the cemetery or other place in which the body is interred; the location of the grave in the cemetery or other place; and the character of headstone or other marker, if any, at the grave.

AB100, s. 1385 Section 1385. 45.42 (2) of the statutes is amended to read:

AB100,658,8 45.42 (2) The department may have blank forms prepared whereby the information required for the record may be transmitted to it and may distribute the forms to county veterans' service officers. The county veterans' service officer within whose county and cemetery or burial place is located in which are interred the bodies of persons who served in the U.S. armed forces in time of war as defined in s. 45.35 (5) (e) or in Bosnia, Grenada, Lebanon, Panama, Somalia or a Middle East crisis under s. 45.34 or under section 1 of executive order 10957, dated August 10, 1961, or whose service entitled them to receive the armed forces expeditionary medal, established by executive order 10977 on December 4, 1961, the Vietnam service medal established by executive order 11231 on July 8, 1965, the navy expeditionary medal or the marine corps expeditionary medal meet the definition of a "veteran" under s. 45.35 (5) (a) shall submit the facts required for such record to the department on the forms provided by it, if so requested by the department.

AB100, s. 1386 Section 1386. 45.43 (7) (b) of the statutes is amended to read:

AB100,659,2 45.43 (7) (b) The department shall award a grant not exceeding $5,000 annually to a county that meets the standards developed under this subsection and employs a county veterans' service officer who, if chosen after August 9, 1989, is chosen from a list of candidates who have taken a civil service examination for the position of county veterans' service officer developed and administered by the division of merit recruitment and selection in the department of employment relations, or is appointed under a civil service competitive examination procedure under ch. 63 or s. 59.52 (8). An eligible county initially applying for a grant after August 9, 1989, shall be eligible for an initial grant for the first year not exceeding $1,000, an annual grant for the next year not exceeding $3,000 and any subsequent annual grant not exceeding $5,000 The grant shall consist of a basic award and a production incentive award. The basic award shall be $8,500 for a county with a population of under 20,000, $10,000 for a county with a population of 20,000 to 45,499, $11,500 for a county with a population of 45,500 to 74,999 and $13,000 for a county with a population of 75,000 or more. The department of veterans affairs shall promulgate by rule criteria for determining the amount of the production incentive award.

AB100, s. 1387 Section 1387. 45.52 of the statutes is amended to read:

AB100,659,11 45.52 Physical disability does not disqualify for public employment. A veteran, as defined under s. 45.37 (1a) 45.35 (5) (a), who has suffered a physical disability as a direct result of military or naval service shall not on that account be barred from employment in any public position or employment whether under state, county or municipal civil service or otherwise, if the licensed physician making a physical examination of the veteran for the public employer certifies that the applicant's disability will not materially handicap the veteran in the performance of the duties of the position.

AB100, s. 1388 Section 1388. 45.71 (9) (b) of the statutes is amended to read:

AB100,659,14 45.71 (9) (b) Unless temporary in nature and except as provided under s. 45.79 (2m) or 45.85, pensions and disability compensation shall be considered income.

AB100, s. 1389 Section 1389. 45.71 (16) (a) 1m. e. of the statutes is created to read:

AB100,659,21 45.71 (16) (a) 1m. e. Has served on active duty in the U.S. armed forces for 2 continuous years or more or the full period of the individual's initial service obligation, whichever is less. An individual discharged for reasons of hardship or a service-connected disability or released due to a reduction in the U.S. armed forces prior to the completion of the required period of service is eligible, regardless of the actual time served.

AB100, s. 1390 Section 1390. 45.74 (1) of the statutes is repealed.

AB100, s. 1391 Section 1391. 45.74 (7) of the statutes is created to read:

AB100,660,4 45.74 (7) Price-of-home limitation. The price of the home exceeds 2.5 times the median price of a home in this state if the person is applying for a loan for the purchase of a home. The department shall promulgate a rule establishing the median price of a home in this state for each fiscal year that is determined by using the most recent housing price index generated by the Wisconsin Realtors Association before July 1.

AB100, s. 1392 Section 1392. 45.745 (1) of the statutes is repealed.

AB100, s. 1393 Section 1393. 45.76 (1) (c) 1. of the statutes is renumbered 45.76 (1) (c).

AB100, s. 1394 Section 1394. 45.76 (1) (c) 2. of the statutes is repealed.

AB100, s. 1395 Section 1395. 45.79 (2m) of the statutes is repealed.

AB100, s. 1396 Section 1396. 45.79 (3) (a) (title) of the statutes is amended to read: