LRBs0207/2
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2003 - 2004 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 2003 SENATE BILL 170
October 23, 2003 - Offered by Senator Brown.
SB170-SSA1,2,4
1An Act to repeal 45.25 (2) (b), 45.396 (7) (a) 1. and 2. and 230.36 (2m) (a) 19.;
2to renumber and amend 45.396 (7) (a) (intro.);
to amend 21.49 (3) (a), 25.36
3(1), 28.035 (3) (a), 45.25 (2) (intro.) and (a), 45.25 (2) (c), 45.25 (2) (d), 45.25 (2)
4(e), 45.25 (3) (a), 45.25 (4) (a), 45.25 (4) (b), 45.25 (4) (c), 45.351 (1j), 45.356 (2),
545.356 (3), 45.356 (8), 45.358 (1) (b), 45.396 (5) (a), 45.71 (2), 45.71 (16) (a) 2m.
6(intro.), 45.79 (2) (a), 45.79 (2) (b) and 341.14 (6) (a); and
to create 21.49 (4) (c),
745.001 (5) (j), 45.25 (3) (d), 45.35 (20), 45.35 (22), 45.35 (23), 45.356 (10), 45.356
8(11), 45.356 (12), 45.43 (7) (d), 45.79 (5) (a) 11., 45.79 (7) (a) 12., 45.79 (13) and
971.03 (7) (d) of the statutes;
relating to: the Veterans Mortgage Loan Program,
10veterans tuition and fee reimbursement, benefits to persons who served in
11Operation Iraqi Freedom, authority for the Department of Veterans Affairs to
12acquire a headquarters building and museum, departmental delivery of
13services to veterans, veterans personal loans, eligibility for burial at a veterans
1cemetery, part-time study grants for veterans, housing loans for veterans,
2mortgage loan repayment fund, grants to county veteran service offices,
3national guard tuition grants, granting rule-making authority, and making an
4appropriation.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB170-SSA1,2,127
21.49
(3) (a) Any eligible guard member upon satisfactory completion of a
8full-time or part-time course in a qualifying school is eligible for a tuition grant
9equal to 100% of the actual tuition charged by the school or 100% of the
arithmetic
10average of maximum resident undergraduate
tuitions tuition charged by the
4-year
11institutions in the University of
Wisconsin System
Wisconsin-Madison for a
12comparable number of credits, whichever amount is less.
SB170-SSA1,2,1514
21.49
(4) (c) No guard member may receive a grant under sub. (3) for any
15semester in which he or she received a grant under s. 45.25.
SB170-SSA1,3,1318
25.36
(1) Except as provided in sub. (2), all moneys appropriated or transferred
19by law shall constitute the veterans trust fund which shall be used for the
lending
20of money to the mortgage loan repayment fund under s. 45.35 (22) and for the 21veterans programs under ss. 20.485 (2) (m), (mn), (tm), (u), (v), (vo), (vy), (vz), (w),
22(z), and (zm), 45.014, 45.25,
45.35 (23), 45.351 (1), 45.353, 45.356, 45.357, 45.396,
2345.397, and 45.43 (7) and administered by the department of veterans affairs,
1including all moneys received from the federal government for the benefit of veterans
2or their dependents; all moneys paid as interest on and repayment of loans under the
3post-war rehabilitation fund; soldiers rehabilitation fund, veterans housing funds
4as they existed prior to July 1, 1961; all moneys paid as interest on and repayment
5of loans under this fund; all moneys paid as expenses for, interest on, and repayment
6of veterans trust fund stabilization loans under s. 45.356, 1995 stats.; all moneys
7paid as expenses for, interest on, and repayment of veterans personal loans; the net
8proceeds from the sale of mortgaged properties related to veterans personal loans;
9all mortgages issued with the proceeds of the 1981 veterans home loan revenue bond
10issuance purchased with moneys in the veterans trust fund; all moneys received from
11the state investment board under s. 45.356 (9) (b); all moneys received from the
12veterans mortgage loan repayment fund under s. 45.79 (7) (a) and (c); and all gifts
13of money received by the board of veterans affairs for the purposes of this fund.
SB170-SSA1, s. 4
14Section
4. 28.035 (3) (a) of the statutes is amended to read:
SB170-SSA1,4,315
28.035
(3) (a) The written lease entered into between the Wisconsin state
16department of the American Legion and the department of natural resources dated
17June 15, 1944, which leases Camp American Legion for a period of 10 years
18commencing June 1, 1944, shall continue in full force for an additional 10 years, and
19may be renewed for additional 10-year periods thereafter, notwithstanding the
20expiration of the term expressed therein, so long as the Wisconsin state department
21of the American Legion or any of the American Legion posts organized under s.
22188.08 maintains on such property structures which were constructed prior to May
2331, 1956, at the expense of the Wisconsin state department of the American Legion
24or any such post, for the purpose of the rehabilitation, restoration or recreation of
25veterans and their dependents of the Spanish-American war, the Philippine
1insurrection, the Mexican border service, World Wars I and II, the Korean conflict,
2the Vietnam war
, the Iraq war and Grenada, Lebanon, Panama, Somalia or a Middle
3East crisis under s. 45.34.
SB170-SSA1,4,75
45.001
(5) (j) Iraq War: Between March 19, 2003, and the ending of Operation
6Iraqi Freedom or an operation that is a successor to Operation Iraqi Freedom, as
7established by the department by rule.
SB170-SSA1,4,1110
45.25
(2) Eligibility. (intro.)
An individual A veteran is eligible for the tuition
11reimbursement program if he or she meets all of the following criteria:
SB170-SSA1,4,1312
(a) The annual income of the
individual veteran and his or her spouse does not
13exceed the amount under s. 45.396 (7) (a).
SB170-SSA1,4,1817
45.25
(2) (c) The
individual veteran applies for the tuition reimbursement
18program for courses begun within 10 years after separation from the service.
SB170-SSA1,5,321
45.25
(2) (d) The
individual veteran is a resident at the time of application for
22the tuition reimbursement program and was a Wisconsin resident at the time of
23entry or reentry into service or was a resident for any consecutive 12-month period
24after entry or reentry into service and before the date of his or her application. If a
25person applying for a benefit under this section meets the residency requirement of
112 consecutive months, the department may not require the person to reestablish
2that he or she meets that residency requirement when he or she later applies for any
3other benefit under this chapter that requires that residency.
SB170-SSA1,5,65
45.25
(2) (e) The
individual veteran is enrolled for at least 12 credits during the
6semester for which reimbursement is sought.
SB170-SSA1,5,219
45.25
(3) (a) Except as provided in par. (am),
an individual a veteran who meets
10the requirements under sub. (2), upon satisfactory completion of a full-time
11undergraduate semester in any institution of higher education, as defined in s.
1245.396 (1) (a), in this state, any school that is approved under s. 45.35 (9m), any
13proprietary school that is approved under s. 45.54, or any institution from which the
14individual
veteran receives a waiver of nonresident tuition under s. 39.47, may be
15reimbursed an amount not to exceed the total cost of the
individual's veteran's tuition
16minus any grants or scholarships, including those made under s. 21.49, that the
17individual
veteran receives specifically for the payment of the tuition, or the
18standard cost of tuition for a state resident for an equivalent undergraduate
19semester at the University of Wisconsin-Madison, whichever is less.
20Reimbursement is available only for tuition that is part of a curriculum that is
21relevant to a degree in a particular course of study at the institution.
SB170-SSA1,5,2523
45.25
(3) (d) Reimbursement of tuition and fees for a course may be provided
24at an institution or school under par. (a) other than the one from which the veteran
25is receiving his or her degree if all of the following apply:
SB170-SSA1,6,2
11. The curriculum at the institution or school consists only of courses necessary
2to complete a degree in a particular course of study.
SB170-SSA1,6,53
2. The course is accepted as transfer credits at the institution or school listed
4under par. (a) from which the veteran is receiving his or her degree but is not
5available at that institution or school.
SB170-SSA1,6,147
45.25
(4) (a)
An individual A veteran is not eligible for reimbursement under
8sub. (2) for more than 120 credits or 8 full semesters of full-time study at any
9institution of higher education, as defined in s. 45.396 (1) (a), in this state, 60 credits
10or 4 full semesters of full-time study at any institution of higher education, as
11defined in s. 45.396 (1) (a), in this state that offers a degree upon completion of 60
12credits, or an equivalent amount of credits at a school that is approved under s. 45.35
13(9m), at a proprietary school that is approved under s. 45.54, or at an institution
14where he or she is receiving a waiver of nonresident tuition under s. 39.47.
SB170-SSA1,6,2116
45.25
(4) (b) The department may provide reimbursement under sub. (2) to
an 17individual a veteran who is delinquent in child support or maintenance payments or
18who owes past support, medical expenses or birth expenses, as established by
19appearance of the
individual's veteran's name on the statewide support lien docket
20under s. 49.854 (2) (b), only if the
individual veteran provides the department with
21one of the following:
SB170-SSA1,6,2522
1. A repayment agreement that the
individual veteran has entered into, that
23has been accepted by the county child support agency under s. 59.53 (5) and that has
24been kept current for the 6-month period immediately preceding the date of the
25application.
SB170-SSA1,7,4
12. A statement that the
individual veteran is not delinquent in child support
2or maintenance payments and does not owe past support, medical expenses or birth
3expenses, signed by the department of workforce development or its designee within
47 working days before the date of the application.
SB170-SSA1,7,76
45.25
(4) (c)
An individual A veteran may not receive reimbursement under
7sub. (2) for any semester in which he or she received a grant under s.
21.49 or 45.396.
SB170-SSA1,7,119
45.35
(20) Department headquarters and museum. The department may
10acquire by gift, purchase, or condemnation property for the purposes of providing a
11headquarters and museum building for the department.
SB170-SSA1,7,1513
45.35
(22) Fund transfer. The department may loan money from the veterans
14trust fund to the veterans mortgage loan repayment fund to fund loans under s.
1545.79.
SB170-SSA1,7,1817
45.35
(23) Loan guarantee. The department may provide a loan guarantee for
18multifamily transitional housing for homeless veterans.
SB170-SSA1,8,1820
45.351
(1j) Health care aid grants. The department may grant to any veteran
21or dependents such temporary health care aid as the department considers advisable
22to prevent want or distress. Health care aid to meet medical or hospital bills under
23this subsection is limited to a payment of up to $5,000 per veteran or dependent for
24a 12-month period beginning with the first day of care for which the person seeks
25reimbursement under this subsection. The department may
not give prior
1authorization for the payment of health care aid under this subsection but may issue
2a certificate of entitlement stating that a veteran or dependent is eligible for a health
3care aid grant under this subsection if the treatment is received within a time period
4that the department promulgates by rule.
The department may not grant health
5care aid to pay for care provided to the veteran or dependent before the time period
6identified in the certificate of entitlement, except for emergency care as determined
7by the department if the application for the health care aid is submitted within 90
8days after the emergency care ends. Health care aid may be used to provide payment
9for the treatment of alcoholism or other drug addiction or to provide payment for
10health care required because of alcoholism or other drug addiction or alcohol or other
11drug abuse. The department may not grant health care aid under this subsection
12unless the aid recipient's health care provider agrees to accept, as full payment for
13the medical treatment for which the aid is to be granted, the amount of the grant, the
14amount of the recipient's health insurance or other 3rd-party payments, if any, and
15the amount that the department determines the aid recipient is capable of paying.
16The department may not grant health care aid under this subsection if the combined
17liquid assets of the applicant for aid, and of the veteran and veteran's dependents
18who are living in the same household with the applicant, are in excess of $1,000.
SB170-SSA1,9,420
45.356
(2) The department may lend a veteran, a veteran's unremarried
21surviving spouse, or a deceased veteran's child not more than
$15,000 $25,000, or a
22lesser amount established by the department
by rule, for the purchase of a mobile
23home, business, or business property, the education of the veteran or the veteran's
24spouse or children, the payment of medical or funeral expenses, the payment under
25sub. (6) (c), or the consolidation of debt under sub. (10). The department may
1prescribe loan conditions, but the term of the loan may not exceed 10 years. The
2department shall ensure that the proceeds of any loan made under this section shall
3first be applied to pay any delinquent child support or maintenance payments and
4then to pay any past support, medical expenses, or birth expenses.
SB170-SSA1,9,96
45.356
(3) The department may lend not more than
$15,000 $25,000, or a lesser
7amount established by the department
by rule under sub. (10), to a veteran's
8remarried surviving spouse or to the parent of a deceased veteran's child for the
9education of a child.
SB170-SSA1,9,1511
45.356
(8) No person may receive a loan under this section in an amount that,
12when added to the balance outstanding on the person's existing loans under s. 45.351
13(2), 1995 stats., and s. 45.356, 1995 stats., would result in a total indebtedness to the
14department of more than
$15,000, or a lesser amount as established by the
15department by rule $25,000.
SB170-SSA1,9,2017
45.356
(10) Subject to the limit established in subs. (2) and (3), the department
18may periodically adjust the maximum loan amount based upon financial market
19conditions, funds available, needs of the veterans trust funds, or other factors that
20the department considers relevant.
SB170-SSA1,9,2522
45.356
(11) The department may periodically adjust the interest rates for loans
23made under this section, which may vary based upon the term of the loan, the type
24of security offered, the method of payment, or other factors that the department
25considers relevant.
SB170-SSA1,10,102
45.356
(12) Each loan made under this section, except a loan of $5,000 or less
3made to an applicant whose total indebtedness for loans made under this section is
4$5,000 or less, shall be evidenced by a promissory note and secured by a mortgage
5on real estate located in this state. A loan of $5,000 or less made to an applicant
6whose total indebtedness for loans made under this section is $5,000 or less shall be
7evidenced by a promissory note and secured by a guarantor or by a mortgage on real
8estate located in this state. A mortgage securing a loan made under this section is
9acceptable if the applicant has equity in the property subject to the mortgage equal
10to or exceeding a minimum amount that the department establishes by rule.
SB170-SSA1,10,1312
45.358
(1) (b) "Veteran" means a person who has served on active duty
, except
13service on active duty for training purposes, in the U.S. armed forces.
SB170-SSA1,10,2216
45.396
(5) (a) Except as provided in par. (b), the amount of the reimbursement
17may not exceed the total cost of the
individual's
veteran's tuition or the standard cost
18for a state resident for tuition for an equivalent undergraduate course at the
19University of Wisconsin-Madison per course, whichever is less,
minus any grants or
20scholarships that the veteran receives specifically for the payment of tuition and may
21not be provided to
an individual a veteran more than 4 times during any consecutive
2212-month period.
SB170-SSA1, s. 28
23Section
28. 45.396 (7) (a) (intro.) of the statutes is renumbered 45.396 (7) (a)
24and amended to read:
SB170-SSA1,11,5
145.396
(7) (a) No veteran may receive a grant under this section if the
2department determines
, after disregarding any payment described under s. 45.85,
31997 stats., that the income of the veteran and his or her spouse exceeds
$500 4$50,000 plus $1,000 for each dependent in excess of 2 dependents
plus whichever of
5the following applies:.
SB170-SSA1, s. 29
6Section
29. 45.396 (7) (a) 1. and 2. of the statutes are repealed.
SB170-SSA1,11,148
45.43
(7) (d) Notwithstanding par. (c), an eligible county with a part-time
9county veterans' service officer may submit a request for and receive a grant under
10par. (b) or a grant in excess of the maximum allowed under par. (c) if the county
11submits with the request a plan for full-time service to veterans in that county that
12has been adopted by the county by resolution. The board shall review the plan and
13approve the grant at the requested amount or at a lesser amount based on the plan's
14compliance with criteria established by the board.
SB170-SSA1,11,1716
45.71
(2) "Authorized lender" means any lender
or servicer authorized under
17s. 45.79 (5) (a) 5. to make or service loans under s. 45.79.