2005 Wisconsin Act 25

25,743 Section 743. 44.53 (1) (fm) of the statutes is created to read:

44.53 (1) (fm) Conduct a program identical to that described in par. (f), but only for American Indian individuals and groups. The program shall be funded from the appropriation under s. 20.215 ( 1) (km).

25,744 Section 744. 44.53 (2) (am) of the statutes is created to read:

44.53 (2) (am) Enter into contracts with American Indian individuals, organizations and institutions and American Indian tribal governments for services furthering the development of the arts and humanities.

25,745b Section 745b. 45.03 (5) (c) 1. a. of the statutes, as affected by 2005 Wisconsin Act .... (Assembly Bill 210), is amended to read:

45.03 (5) (c) 1. a. Without limitation by reason of any other provisions of the statutes except s. 16.848, unless otherwise required by law, the power to sell and to convey title in fee simple to a nonprofit corporation any land and any existing buildings owned by the state that are under the jurisdiction of the department for the consideration and upon the terms and conditions as in the judgment of the board are in the public interest.

25,745d Section 745d. 45.03 (13) (j) of the statutes is created to read:

45.03 (13) (j) Provide grants to eligible persons who administer a program to identify, train, and place volunteers at the community level who will assist national guard members, members of the U.S. armed forces or forces incorporated in the U.S. armed forces, and their spouses and dependents, who return to this state after serving on active duty. The department shall make available to the volunteers, veterans, and their spouses and dependents, a packet of information about the benefits that they may be eligible to receive from the state or federal government. This paragraph does not apply after June 30, 2007.

25,745f Section 745f. 45.03 (13) (k) of the statutes is created to read:

45.03 (13) (k) Provide $117,300 in 2005-06 and $117,300 in 2006-07 to a housing authority in a 1st class city in a county with a population of at least 500,000 to supplement the housing costs of chronically homeless veterans and their families if the housing authority does all of the following:

1. Provides evidence that the money will be used to provide multi-family housing for individuals and families that contain at least one veteran who has been chronically homeless.

2. Uses at least 50 percent of the money for supplementing temporary privately owned rental housing costs and the remainder for subsidizing public rental housing costs.

3. In coordination with the department, submits reports to the legislature under s. 13.172 (2) and to the governor by August 15, 2006, and August 15, 2007, that contain the following information related to the money received in the previous fiscal year:

a. The number of veterans that received a housing supplement.

b. The size of the veterans' households.

c. The amount of the supplement and time that the supplement was provided to each veteran's household.

d. The housing status of the assisted veteran's household at the time the supplement ended.

e. Any other information that the department considers necessary to evaluate the program.

25,745h Section 745h. 45.03 (13) (L) of the statutes is created to read:

45.03 (13) (L) Provide verification to the educational institution of the information required under s. 36.27 (3p) (a) or 38.24 (8) (a).

25,745i Section 745i. 45.03 (13) (m) of the statutes is created to read:

45.03 (13) (m) Provide verification to the educational institution of the information required under s. 36.27 (3n) (a) or 38.24 (7) (a).

25,745j Section 745j. 45.03 (13) (n) of the statutes is created to read:

45.03 (13) (n) Provide verification to the department of revenue of the information required under s. 71.07 (6e) (a) 2. or 3.

25,746g Section 746g. 45.20 of the statutes, as affected by 2005 Wisconsin Act .... (Assembly Bill 210), is repealed and recreated to read:

45.20 Tuition reimbursement. (1) Definitions. In this section:

(a) "Institution of higher education" has the meaning given in 20 USC 1001 (a).

(c) "Part-time classroom study" means any of the following:

1. Enrollment in courses for which no more than 11 semester or the equivalent trimester or quarter credits will be given upon satisfactory completion.

2. Enrollment in courses during a summer semester or session.

(d) "Tuition," when referring to the University of Wisconsin System, means academic fees and segregated fees; when referring to the technical colleges, means "program fees" and "additional fees" as described in s. 38.24 (1m) and (1s); and when referring to a high school, a school that is approved under s. 45.03 (11), or a proprietary school that is approved under s. 38.50, means the charge for the courses for which a person is enrolled.

(2) Tuition reimbursement program. (a) Administration. 1. The department shall administer a tuition reimbursement program for eligible veterans enrolling as undergraduates in any institution of higher education in this state, enrolling in a school that is approved under s. 45.03 (11), enrolling in a proprietary school that is approved under s. 38.50, enrolling in a public or private high school, or receiving a waiver of nonresident tuition under s. 39.47.

2. A veteran who is a resident of this state and otherwise qualified to receive benefits under this subsection may receive the benefits under this subsection upon the completion of any correspondence courses or part-time classroom study from an institution of higher education located outside this state, from a school that is approved under s. 45.03 (11), or from a proprietary school that is approved under s. 38.50, if any of the following applies:

a. The part-time classroom study is not offered within 50 miles of the veteran's residence by any school or institution under this paragraph and the educational institution from which the study is offered is located not more than 50 miles from the boundary line of this state.

b. The correspondence course is not offered in this state.

(b) Eligibility. 1. A veteran is eligible for the tuition reimbursement program if he or she meets all of the following criteria:

a. The annual income of the veteran and his or her spouse does not exceed $50,000 plus $1,000 for each dependent in excess of 2 dependents.

b. The veteran applies for the program for courses begun within 10 years after separation from the service. This subd. 1. b. does not apply to a veteran who is applying for reimbursement for up to 60 credits of part-time classroom study courses.

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.

2. In determining eligibility under this subsection, the department shall verify all reported income amounts.

3. A veteran is not eligible under this program if the veteran has an undergraduate degree from any institution of higher education.

(c) Program benefits. 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, 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.

2. An application for reimbursement of tuition under this subsection shall meet all of the following requirements:

a. Be completed and received by the department no later than 60 days after the completion of the semester or course. The department may accept an application received more than 60 days after the completion of the semester or course if the applicant shows good cause for the delayed receipt.

b. Contain the information necessary to establish eligibility as determined by the department.

c. Be on the application form established by the department.

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.

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.

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:

a. The curriculum at the institution or school consists only of courses necessary to complete a degree in a particular course of study.

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.

(d) Limitations. 1. 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, or at an institution where he or she is receiving a waiver of nonresident tuition under s. 39.47 is limited to the following:

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.

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.

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.

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:

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.

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 workforce development or its designee within 7 working days before the date of the application.

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. 21.49 or under 10 USC 2007.

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".

(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.

(f) Reporting requirements. The department shall promulgate a rule that establishes the number of days after the commencement of an academic term that begins after December 31, 2005, by which a veteran who will be seeking reimbursement under this section must provide the department with all of the following information:

1. The veteran's name.

2. The educational institution the veteran is attending.

3. Whether the veteran is enrolled full-time or part-time at the educational institution.

4. An estimate of the amount of tuition reimbursement that the veteran will claim at the end of the academic term.

25,746r Section 746r. 45.21 (2) (a) of the statutes, as affected by 2005 Wisconsin Act .... (Assembly Bill 210), is amended to read:

45.21 (2) (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. 39.90 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.

25,763p Section 763p. 45.31 (9) of the statutes, as affected by 2005 Wisconsin Act .... (Assembly Bill 210), is amended to read:

45.31 (9) "Home" means a building or portion of a building used as the veteran's principal place of 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.

25,763q Section 763q. 45.31 (15) of the statutes is created to read:

45.31 (15) "Qualified veterans' mortgage bonds" means federally tax-exempt bonds issued under the authority of 26 USC 143.

25,763r Section 763r. 45.33 (1) (d) of the statutes is created to read:

45.33 (1) (d) Any person who has completed 6 continuous years of service under honorable conditions in the army or air national guard or in any reserve component of the U.S. armed forces, and who is living in this state at the time of his or her application for benefits.

25,763s Section 763s. 45.34 (1) (c) of the statutes, as affected by 2005 Wisconsin Act .... (Assembly Bill 210), is amended to read:

45.34 (1) (c) A loan of not more than $25,000 to improve a home, including the construction of a garage or the removal or other alteration of existing improvements that were made to improve the accessibility of a home for a permanently and totally disabled individual.

25,763t Section 763t. 45.34 (1) (d) of the statutes, as affected by 2005 Wisconsin Act .... (Assembly Bill 210), is repealed and recreated to read:

45.34 (1) (d) Refinancing the balance due on an indebtedness that was incurred for a use designated in pars. (a) to (c).

25,763u Section 763u. 45.34 (2) (b) 1. of the statutes, as affected by 2005 Wisconsin Act .... (Assembly Bill 210), is amended to read:

45.34 (2) (b) 1. The residence property to be purchased, constructed, improved, or refinanced with financial assistance under this subchapter will be used as the person's principal by the person as a residence.

25,763v Section 763v. 45.34 (3) of the statutes is created to read:

45.34 (3) Qualified veterans mortgage bonds. If the source of the funding for a loan under this subchapter is the proceeds of a qualified veterans mortgage bond, the department shall apply any applicable requirements of the Internal Revenue Code in determining a person's eligibility for a loan to assure that the bonds are exempt from federal tax.

25,795c Section 795c. 45.40 of the statutes, as affected by 2005 Wisconsin Act .... (Assembly Bill 210), is repealed and recreated to read:

45.40 Assistance to needy veterans. (1) Subsistence aid. (a) The department may provide subsistence payments to a veteran on a month-to-month basis or for a 3-month period. The department may pay subsistence aid for a 3-month period if the veteran will be incapacitated for more than 3 months and if earned or unearned income or aid from sources other than those listed in the application will not be available in the 3-month period. The department may provide subsistence payments only to a veteran who has suffered a loss of income due to illness, injury, or natural disaster. The department may grant subsistence aid under this subsection to a veteran whose loss of income is the result of abuse of alcohol or other drugs only if the veteran is participating in an alcohol and other drug abuse treatment program that is approved by the department. No payment may be made under this subsection if the veteran has other assets or income available to meet basic subsistence needs or if the veteran is eligible to receive aid from other sources to meet those needs.

(b) The maximum amount that any veteran may receive under this subsection per occurrence during a consecutive 12-month period may not exceed $2,000.

(2) Health care. (a) The department may provide health care aid to a veteran for dental care, including dentures; vision care, including eyeglass frames and lenses; and hearing care, including hearing aids.

(b) The maximum amount that may be paid under this subsection for any consecutive 12-month period may not exceed $2,500 for dental care, $500 for vision care, and $1,500 per ear for hearing care.

(c) The department may not provide health care aid under this subsection unless the aid recipient's health care provider agrees to accept, as full payment for the health care provided, the amount of the payment, the amount of the recipient's health insurance or other 3rd-party payments, if any, and the amount that the department determines the veteran is capable of paying. The department may not pay health care aid under this subsection if the liquid assets of the veteran are in excess of $1,000.

(2m) Dependents eligibility. (a) The unremarried spouse and dependent children of a veteran who died on active duty, or in the line of duty while on active or inactive duty for training purposes, in the U.S. armed forces or forces incorporated in the U.S. armed forces are eligible to receive payments under subs. (1) and (2) if the household income of those persons does not exceed the income limitations established under sub. (3m).