LRB-1725/4
RPN:cmh&wlj:rs
2003 - 2004 LEGISLATURE
May 21, 2003 - Introduced by Senators Brown, Schultz, Zien, Welch, Decker,
Stepp, S. Fitzgerald, A. Lasee, Roessler, Darling, George, Kedzie, Jauch,
Kanavas, Breske, Wirch, Hansen, Leibham, Harsdorf, Carpenter, Plale and
Lassa, cosponsored by Representatives
Musser, Petrowski, Suder, Kreuser,
Turner, Vrakas, Gronemus, Kreibich, Boyle, Pettis, Morris, Hahn, Owens,
M. Lehman, Seratti, Balow, Miller, Young, Underheim, Travis, Montgomery,
Bies, Hines, Rhoades, D. Meyer, Krawczyk, Kestell, Black, Ladwig,
Loeffelholz, Johnsrud, Hebl, J. Fitzgerald, Ott, Freese, Townsend,
Gunderson, Olsen, Van Roy, Wieckert, Stone, Ward, Hundertmark, Coggs,
Nass, Schneider, Jeskewitz, Shilling, Huber, McCormick, Vukmir, J. Wood,
Gundrum, Berceau, Kaufert, Plouff, Nischke, Richards, Zepnick, Towns,
Huebsch, Colon and
Sinicki. Referred to Committee on Homeland Security,
Veterans and Military Affairs and Government Reform.
SB170,2,2
1An Act to repeal 45.25 (2) (b), 45.396 (7) (a) 1. and 2., 45.396 (9) and 230.36 (2m)
2(a) 19.;
to renumber and amend 45.396 (7) (a) (intro.);
to amend 25.36 (1),
345.25 (2) (intro.) and (a), 45.25 (2) (c), 45.25 (2) (d), 45.25 (2) (e), 45.25 (3) (a),
445.25 (4) (a), 45.25 (4) (b), 45.25 (4) (c), 45.351 (1j), 45.356 (2), 45.356 (3), 45.356
5(8), 45.358 (1) (b), 45.396 (5), 45.43 (7) (c), 45.71 (2) and 45.71 (16) (a) 2m.
6(intro.);
to repeal and recreate 45.25 (3) (am); and
to create 21.49 (4) (c),
745.25 (2m), 45.35 (20), 45.35 (21), 45.35 (22), 45.35 (23), 45.356 (10), 45.356 (11),
845.356 (12), 45.396 (2m), 45.79 (5) (a) 11., 45.79 (7) (a) 12. and 45.79 (13) of the
9statutes;
relating to: the Veterans Mortgage Loan Program, veterans tuition
10and fee reimbursement, authority for the Department of Veterans Affairs to
11acquire a headquarters building, departmental delivery of services to veterans,
12veterans personal loans, eligibility for burial at a veterans cemetery, part-time
13study grants for veterans, housing loans for veterans, mortgage loan
1repayment fund, grants to county veteran service offices, national guard tuition
2grants, granting rule-making authority, and making an appropriation.
Analysis by the Legislative Reference Bureau
This bill makes various changes related to educational grant programs for
veterans. Under the bill:
1. The maximum tuition and fees reimbursement to a veteran under the
Tuition and Fee Reimbursement Program for full-time attendance at an institution
of higher education, a vocational school approved by the Department of Veterans
Affairs (DVA), a proprietary school approved by the Educational Approval Board, or
a school under the Minnesota-Wisconsin student reciprocity agreement is increased
from 85% to 100% of the standard cost for a state resident at an equivalent
undergraduate course at the University of Wisconsin-Madison.
2. The same maximum reimbursement is provided to veterans for tuition and
fees for correspondence courses and part-time classroom study under the Part-time
Study Grant Program.
3. The family income eligibility for these educational grant programs is raised
from $47,500 plus $500 for each dependent in excess of two dependents to $50,000
plus $1,000 for each dependent in excess of two dependents.
4. To be eligible for tuition and fee reimbursement under the Tuition and Fee
Reimbursement Program, the veteran must complete the course during a semester
that started within ten years after the veteran's separation from the U.S. Armed
Forces.
This bill allows DVA to acquire property for DVA's headquarters.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB170, s. 1
3Section
1. 21.49 (4) (c) of the statutes is created to read:
SB170,2,54
21.49
(4) (c) No guard member may receive a grant under sub. (3) for any
5semester in which he or she received a grant under s. 45.25.
SB170, s. 2
6Section
2. 25.36 (1) of the statutes is amended to read:
SB170,3,167
25.36
(1) Except as provided in sub. (2), all moneys appropriated or transferred
8by law shall constitute the veterans trust fund which shall be used for the
lending
9of money to the mortgage loan repayment fund under s. 45.35 (22) and for the
1veterans programs under ss. 20.485 (2) (m), (mn), (tm), (u), (v), (vo), (w), (z), and (zm),
245.014, 45.25,
45.35 (23), 45.351 (1), 45.353, 45.356, 45.357, 45.396, 45.397, and
345.43 (7) and administered by the department of veterans affairs, including all
4moneys received from the federal government for the benefit of veterans or their
5dependents; all moneys paid as interest on and repayment of loans under the
6post-war rehabilitation fund; soldiers rehabilitation fund, veterans housing funds
7as they existed prior to July 1, 1961; all moneys paid as interest on and repayment
8of loans under this fund; all moneys paid as expenses for, interest on, and repayment
9of veterans trust fund stabilization loans under s. 45.356, 1995 stats.; all moneys
10paid as expenses for, interest on, and repayment of veterans personal loans; the net
11proceeds from the sale of mortgaged properties related to veterans personal loans;
12all mortgages issued with the proceeds of the 1981 veterans home loan revenue bond
13issuance purchased with moneys in the veterans trust fund; all moneys received from
14the state investment board under s. 45.356 (9) (b); all moneys received from the
15veterans mortgage loan repayment fund under s. 45.79 (7) (a) and (c); and all gifts
16of money received by the board of veterans affairs for the purposes of this fund.
SB170, s. 3
17Section
3. 45.25 (2) (intro.) and (a) of the statutes are amended to read:
SB170,3,1918
45.25
(2) Eligibility. (intro.)
An individual A veteran is eligible for the tuition
19and fee reimbursement program if he or she meets all of the following criteria:
SB170,3,2120
(a) The annual income of the
individual veteran and his or her spouse does not
21exceed the amount under s. 45.396 (7) (a).
SB170, s. 4
22Section
4. 45.25 (2) (b) of the statutes is repealed.
SB170, s. 5
23Section
5. 45.25 (2) (c) of the statutes is amended to read:
SB170,4,3
145.25
(2) (c) The
individual
veteran applies for the tuition and fee
2reimbursement program for courses completed
during a semester that started 3within 10 years after separation from the service.
SB170, s. 6
4Section
6. 45.25 (2) (d) of the statutes is amended to read:
SB170,4,125
45.25
(2) (d) The
individual veteran is a resident at the time of application for
6the tuition and fee reimbursement program and was a Wisconsin resident at the time
7of entry or reentry into service or was a resident for any consecutive 12-month period
8after entry or reentry into service and before the date of his or her application. If a
9person applying for a benefit under this section meets the residency requirement of
1012 consecutive months, the department may not require the person to reestablish
11that he or she meets that residency requirement when he or she later applies for any
12other benefit under this chapter that requires that residency.
SB170, s. 7
13Section
7. 45.25 (2) (e) of the statutes is amended to read:
SB170,4,1514
45.25
(2) (e) The
individual veteran is enrolled for at least 12 credits during the
15semester for which reimbursement is sought.
SB170, s. 8
16Section
8. 45.25 (2m) of the statutes is created to read:
SB170,4,2317
45.25
(2m) Exceptions to eligibility. A course at the institution or school that
18the veteran attends that has been approved for credit through the department's
19Academic Credit for Military Experience Program, which evaluates military
20experience and determines the academic credit for that experience, is not eligible for
21reimbursement under this section. The credits approved for courses under the
22Academic Credit for Military Experience Program may not be counted toward the
2312-credit requirement under sub. (2) (e).
SB170, s. 9
24Section
9. 45.25 (3) (a) of the statutes is amended to read:
SB170,5,14
145.25
(3) (a)
Except as provided in par. (am), an individual A veteran who meets
2the requirements under sub. (2), upon satisfactory completion of a full-time
3undergraduate semester in any institution of higher education, as defined in s.
445.396 (1) (a), in this state, any school that is approved under s. 45.35 (9m), any
5proprietary school that is approved under s. 45.54, or any institution from which the
6individual veteran receives a waiver of nonresident tuition under s. 39.47, may
be
7reimbursed an amount receive tuition and fee reimbursement. The amount of the
8reimbursement may not
to exceed the total cost of the
individual's veteran's tuition
9and fees minus any grants or scholarships, including those made under s. 21.49, that
10the
individual veteran receives specifically for the payment of the tuition or fees, or
1185% 100% of the standard cost for a state resident for an equivalent undergraduate
12course at the University of Wisconsin-Madison per course, whichever is less.
13Reimbursement is available only for tuition and fees that are part of a curriculum
14that is relevant to a degree in a particular course of study at the institution.
SB170, s. 10
15Section
10. 45.25 (3) (am) of the statutes is repealed and recreated to read:
SB170,5,1816
45.25
(3) (am) Reimbursement of tuition and fees for a course may be provided
17at an institution or school under par. (a) other than the one from which the veteran
18is receiving his or her degree if all of the following apply:
SB170,5,2019
1. The curriculum at the institution or school consists only of courses necessary
20to complete a degree in a particular course of study.
SB170,5,2321
2. The course is accepted as transfer credits at the institution or school listed
22under par. (a) from which the veteran is receiving his or her degree but is not
23available at that institution or school.
SB170, s. 11
24Section
11. 45.25 (4) (a) of the statutes is amended to read:
SB170,6,8
145.25
(4) (a)
An individual
A veteran is not eligible for reimbursement under
2sub. (2) for more than 120 credits or 8 full semesters of full-time study at any
3institution of higher education, as defined in s. 45.396 (1) (a), in this state, 60 credits
4or 4 full semesters of full-time study at any institution of higher education, as
5defined in s. 45.396 (1) (a), in this state that offers a degree upon completion of 60
6credits, or an equivalent amount of credits at a school that is approved under s. 45.35
7(9m), at a proprietary school that is approved under s. 45.54, or at an institution
8where he or she is receiving a waiver of nonresident tuition under s. 39.47.
SB170, s. 12
9Section
12. 45.25 (4) (b) of the statutes is amended to read:
SB170,6,1510
45.25
(4) (b) The department may provide reimbursement under sub. (2) to
an 11individual a veteran who is delinquent in child support or maintenance payments or
12who owes past support, medical expenses or birth expenses, as established by
13appearance of the
individual's veteran's name on the statewide support lien docket
14under s. 49.854 (2) (b), only if the
individual veteran provides the department with
15one of the following:
SB170,6,1916
1. A repayment agreement that the
individual veteran has entered into, that
17has been accepted by the county child support agency under s. 59.53 (5) and that has
18been kept current for the 6-month period immediately preceding the date of the
19application.
SB170,6,2320
2. A statement that the
individual veteran is not delinquent in child support
21or maintenance payments and does not owe past support, medical expenses or birth
22expenses, signed by the department of workforce development or its designee within
237 working days before the date of the application.
SB170, s. 13
24Section
13. 45.25 (4) (c) of the statutes is amended to read:
SB170,7,2
145.25
(4) (c)
An individual
A veteran may not receive reimbursement under
2sub. (2) for any semester in which he or she received a grant under s.
21.49 or 45.396.
SB170, s. 14
3Section
14. 45.35 (20) of the statutes is created to read:
SB170,7,64
45.35
(20) Department headquarters. The department may acquire by gift,
5purchase, or condemnation property for the purposes of providing a headquarters
6building for the department.
SB170, s. 15
7Section
15. 45.35 (21) of the statutes is created to read:
SB170,7,108
45.35
(21) Service delivery. Notwithstanding ss. 45.397 (1) and 45.79 (2) (a),
9applications for veterans benefits under this chapter may be submitted directly to
10the department or to any qualified representative approved by the department.
SB170, s. 16
11Section
16. 45.35 (22) of the statutes is created to read:
SB170,7,1412
45.35
(22) Fund transfer. The department may loan money from the veterans
13trust fund to the veterans mortgage loan repayment fund to fund loans under s.
1445.79.
SB170, s. 17
15Section
17. 45.35 (23) of the statutes is created to read:
SB170,7,1716
45.35
(23) Loan guarantee. The department may provide a loan guarantee for
17multifamily transitional housing for homeless veterans.
SB170, s. 18
18Section
18. 45.351 (1j) of the statutes is amended to read:
SB170,8,1619
45.351
(1j) Health care aid grants. The department may grant to any veteran
20or dependents such temporary health care aid as the department considers advisable
21to prevent want or distress. Health care aid to meet medical or hospital bills under
22this subsection is limited to a payment of up to $5,000 per veteran or dependent for
23a 12-month period beginning with the first day of care for which the person seeks
24reimbursement under this subsection. The department may
not give prior
25authorization for the payment of health care aid under this subsection but may issue
1a certificate of entitlement stating that a veteran or dependent is eligible for a health
2care aid grant under this subsection if the treatment is received within a time period
3that the department promulgates by rule.
The department may not grant health
4care aid to pay for care provided to the veteran or dependent before the time period
5identified in the certificate of entitlement. Health care aid may be used to provide
6payment for the treatment of alcoholism or other drug addiction or to provide
7payment for health care required because of alcoholism or other drug addiction or
8alcohol or other drug abuse. The department may not grant health care aid under
9this subsection unless the aid recipient's health care provider agrees to accept, as full
10payment for the medical treatment for which the aid is to be granted, the amount of
11the grant, the amount of the recipient's health insurance or other 3rd-party
12payments, if any, and the amount that the department determines the aid recipient
13is capable of paying. The department may not grant health care aid under this
14subsection if the combined liquid assets of the applicant for aid, and of the veteran
15and veteran's dependents who are living in the same household with the applicant,
16are in excess of $1,000.
SB170, s. 19
17Section
19. 45.356 (2) of the statutes is amended to read:
SB170,9,218
45.356
(2) The department may lend a veteran, a veteran's unremarried
19surviving spouse, or a deceased veteran's child not more than
$15,000 $25,000, or a
20lesser amount established by the department
by rule, for the purchase of a mobile
21home, business, or business property, the education of the veteran or the veteran's
22spouse or children, the payment of medical or funeral expenses, the payment under
23sub. (6) (c), or the consolidation of debt under sub. (10). The department may
24prescribe loan conditions, but the term of the loan may not exceed 10 years. The
25department shall ensure that the proceeds of any loan made under this section shall
1first be applied to pay any delinquent child support or maintenance payments and
2then to pay any past support, medical expenses, or birth expenses.
SB170, s. 20
3Section
20. 45.356 (3) of the statutes is amended to read:
SB170,9,74
45.356
(3) The department may lend not more than
$15,000 $25,000, or a lesser
5amount established by the department
by rule under sub. (10), to a veteran's
6remarried surviving spouse or to the parent of a deceased veteran's child for the
7education of a child.
SB170, s. 21
8Section
21. 45.356 (8) of the statutes is amended to read:
SB170,9,139
45.356
(8) No person may receive a loan under this section in an amount that,
10when added to the balance outstanding on the person's existing loans under s. 45.351
11(2), 1995 stats., and s. 45.356, 1995 stats., would result in a total indebtedness to the
12department of more than
$15,000, or a lesser amount as established by the
13department by rule $25,000.
SB170, s. 22
14Section
22. 45.356 (10) of the statutes is created to read:
SB170,9,1815
45.356
(10) Subject to the limit established in subs. (2) and (3), the department
16may periodically adjust the maximum loan amount based upon financial market
17conditions, funds available, needs of the veterans trust funds, or other factors that
18the department considers relevant.
SB170, s. 23
19Section
23. 45.356 (11) of the statutes is created to read:
SB170,9,2320
45.356
(11) The department may periodically adjust the interest rates for loans
21made under this section, which may vary based upon the term of the loan, the type
22of security offered, the method of payment, or other factors that the department
23considers relevant.
SB170, s. 24
24Section
24. 45.356 (12) of the statutes is created to read: