For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
veterans and military affairs
Under current law, DVA provides reimbursement to veterans for the costs associated with enrollment and completion of correspondence courses and class room study at proprietary schools, schools approved for the training of veterans, and institutions of higher education. Under the current tuition reimbursement program, a veteran is eligible for reimbursement if the person is enrolled as an undergraduate for at least 12 credits during a semester and the reimbursement is equal to the tuition or the standard cost of tuition for a state resident at the UW-Madison, whichever is less, minus any grants or scholarships. Eligibility for the tuition reimbursement program is limited to courses begun within ten years after leaving active service, and the annual income of the veteran and the spouse may not exceed $50,000, plus $1,000 for each dependent in excess of two dependents. Reimbursement is limited to 120 credits or eight full semesters at an institution of higher education or 60 credits or four semesters if the institution provides a degree after the completion of 60 credits.
Under the part-time classroom study program, a student may be reimbursed for the tuition paid for taking less than 12 credits, if an undergraduate, or less than nine credits, if a graduate student, for attending a summer session or for taking a correspondence class. The reimbursement amount and income eligibility are the same as for the full-time tuition reimbursement program. Veterans with a master's degree are not eligible for reimbursement under this program.
This bill combines these two programs and makes the following changes in the new, combined program:
1. Eligibility is limited to a veteran whose annual income combined with his or her spouse's income is less than the median household income for the state.
2. Veterans with undergraduate degrees are not eligible.
3. If funds are insufficient to provide for all of the veterans who apply for reimbursement, the bill allows DVA to reduce the reimbursement percentage. This provision does not apply to reimbursement for courses taken by veterans whose disability is rated at 30 percent or more by the federal Department of Veterans Affairs.
4. The credits that are reimbursable are limited to 30 credits if the veteran served on active duty for 90 to 180 days, 60 credits if the veteran served for 181 days to 730 days, and 120 credits if the veteran served more than 730 days.
5. The limit on reimbursement to courses taken within ten years after leaving service does not apply to up to 60 credits of part-time classroom study courses.
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:
SECTION 1. 16.75 (4) (d) of the statutes is amended to read:
16.75 (4) (d) In this subsection and s. 16.755, "veteran-owned business" means a small business, as defined in par. (c), that is certified by the department of veterans affairs as being at least 51% owned by one or more veterans, as defined in s. 45.35 (5) 45.001 (4).
SECTION 2. 20.485 (2) (th) of the statutes is repealed.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 3. 25.36 (1) of the statutes is amended to read:
25.36 (1) Except as provided in sub. (2), all moneys appropriated or transferred by law shall constitute the veterans trust fund which shall be used for the lending of money to the mortgage loan repayment fund under s. 45.35 (22) and for the veterans programs under ss. 20.485 (2) (m), (mn), (tm), (u), (v), (vo), (vy), (vz), (w), (z), and (zm), 45.014, 45.25, 45.35 (23), 45.351 (1), 45.353, 45.356, 45.357, 45.396, 45.397, and 45.43 (7) and administered by the department of veterans affairs, including all moneys received from the federal government for the benefit of veterans or their dependents; all moneys paid as interest on and repayment of loans under the post-war rehabilitation fund; soldiers rehabilitation fund, veterans housing funds as they existed prior to July 1, 1961; all moneys paid as interest on and repayment of loans under this fund; all moneys paid as expenses for, interest on, and repayment of veterans trust fund stabilization loans under s. 45.356, 1995 stats.; all moneys paid as expenses for, interest on, and repayment of veterans personal loans; the net proceeds from the sale of mortgaged properties related to veterans personal loans; all mortgages issued with the proceeds of the 1981 veterans home loan revenue bond issuance purchased with moneys in the veterans trust fund; all moneys received from the state investment board under s. 45.356 (9) (b); all moneys received from the veterans mortgage loan repayment fund under s. 45.79 (7) (a) and (c); and all gifts of money received by the board of veterans affairs for the purposes of this fund.
****NOTE: This is reconciled s. 25.36 (1). This SECTION has been affected by drafts with the following LRB numbers: LRB-0323, LRB-0328, LRB-0329.
SECTION 4. 45.16 of the statutes is amended to read:
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 was living in the county at the time of death, meets the definition of a "veteran" under s. 45.35 (5) 45.001 (4) 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.
SECTION 5. 45.25 (1) of the statutes is created to read:
45.25 (1) DEFINITIONS. In this section:
(a) "Institution of higher education" has the meaning given in 20 USC 1001 (a).
(b) "Median household income" means the median family income for the state, as determined annually by the U.S. department of housing and urban development.
(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," as described in s. 36.27 (1), and when referring to the technical colleges, means "program fees," as described in s. 38.24 (1m) (a) and (b).
SECTION 6. 45.25 (1g) of the statutes is repealed.
SECTION 7. 45.25 (1m) of the statutes is renumbered 45.25 (1m) (a) and amended to read:
45.25 (1m) (a) The department shall administer a tuition reimbursement program for eligible veterans enrolling as undergraduates in any institution of higher education, as defined in s. 45.396 (1) (a), in this state, enrolling in a school that is approved under s. 45.35 (9m), enrolling in a proprietary school that is approved under s. 45.54, 38.50, enrolling in a public or private high school, or receiving a waiver of nonresident tuition under s. 39.47.
****NOTE: This is reconciled s. 45.25 (1m) (a). This SECTION has been affected by drafts with the following LRB numbers: LRB-0328, LRB-1510.
SECTION 8. 45.25 (2) (intro.) (except 45.25 (2) (title)) of the statutes is renumbered 45.25 (2) (a) (intro.).
SECTION 9. 45.25 (2) (a) of the statutes is renumbered 45.25 (2) (a) 1. and amended to read:
45.25 (2) (a) 1. The annual income of the veteran and his or her spouse does not exceed the amount under s. 45.396 (7) (a) median household income for the state.
SECTION 10. 45.25 (2) (c) of the statutes is renumbered 45.25 (2) (a) 2. and amended to read:
45.25 (2) (a) 2. The veteran applies for the tuition reimbursement program for courses begun within 10 years after separation from the service. This subdivision does not apply to a veteran who is applying for reimbursement for up to 60 credits of part-time classroom study courses.
SECTION 11. 45.25 (2) (cm) of the statutes is created to read:
45.25 (2) (cm) A veteran is not eligible under this program if the veteran has an undergraduate degree from any institution of higher education.
SECTION 12. 45.25 (2) (d) of the statutes is renumbered 45.25 (2) (a) 3.
SECTION 13. 45.25 (2) (e) of the statutes is repealed.
SECTION 14. 45.25 (3) (a) of the statutes is amended to read:
45.25 (3) (a) Except as provided in par. (am), a A veteran who meets the eligibility requirements under sub. (2), may be reimbursed upon satisfactory completion of a full-time an undergraduate semester in any institution of higher education, as defined in s. 45.396 (1) (a), in this state, or upon satisfactory completion of a course at any school that is approved under s. 45.35 (9m), any proprietary school that is approved under s. 45.54, 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, may be reimbursed an amount. Except as provided in sub. (5), the amount of reimbursement may not to 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. Reimbursement is available only for tuition that is part of a curriculum that is relevant to a degree in a particular course of study at the institution.
****NOTE: This is reconciled s. 45.25 (3) (a). This SECTION has been affected by drafts with the following LRB numbers: LRB-0328, LRB-1510.
SECTION 15. 45.25 (3) (am) of the statutes is repealed.
SECTION 16. 45.25 (3) (b) 1. of the statutes is amended to read:
45.25 (3) (b) 1. 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.
SECTION 17. 45.25 (3) (c) of the statutes is amended to read:
45.25 (3) (c) Reimbursement provided under this section 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 sub. (5), or deny applications for reimbursement that would otherwise qualify under this section. 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 sub. (5), and eligibility on the basis of the dates on which applications for reimbursement were received.
SECTION 18. 45.25 (3) (d) (intro.) of the statutes is amended to read:
45.25 (3) (d) (intro.) Reimbursement of tuition and fees for a course may be provided at an institution or school under par. (a) 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:
SECTION 19. 45.25 (4) (a) of the statutes is renumbered 45.25 (4) (a) (intro.) and amended to read:
45.25 (4) (a) (intro.) A veteran is not eligible veteran's eligibility for reimbursement under sub. (2) for more than 120 credits or 8 full semesters of full-time study at any institution of higher education, as defined in s. 45.396 (1) (a), in this state, 60 credits or 4 full semesters of full-time study at any institution of higher education, as defined in s. 45.396 (1) (a), in this state that offers a degree upon completion of 60 credits, or an equivalent amount of credits at a school that is approved under s. 45.35 (9m), at a proprietary school that is approved under s. 45.54, 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:
****NOTE: This is reconciled s. 45.25 (4) (a) (intro.). This SECTION has been affected by drafts with the following LRB numbers: LRB-0328, LRB-1510.
SECTION 20. 45.25 (4) (a) 1. to 3. of the statutes are created to read:
45.25 (4) (a) 1. 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.
2. 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.
3. 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.
SECTION 21. 45.25 (4) (c) of the statutes is amended to read:
45.25 (4) (c) A veteran may not receive reimbursement under sub. (2) for any semester in which he or she is eligible for or received a grant under s. 21.49 or 45.396 under 10 USC 2007.
SECTION 22. 45.35 (4) (a) of the statutes is amended to read:
45.35 (4) (a) The secretary shall appoint under the classified service such persons as are necessary to carry out the policy of the board and for the proper conduct of the Wisconsin Veterans Museum. All persons appointed by the department shall, if possible, be veterans as defined in sub. (5) 45.001 (4) and preference shall be given to disabled veterans.
SECTION 23. 45.35 (5) of the statutes is repealed.
SECTION 24. 45.35 (8) (b) 4. of the statutes is repealed.
SECTION 25. 45.396 (title) of the statutes is repealed.
SECTION 26. 45.396 (1) of the statutes is repealed.
SECTION 27. 45.396 (2) of the statutes is repealed.
SECTION 28. 45.396 (3) of the statutes is renumbered 45.25 (1m) (b), and 45.25 (1m) (b) (intro.) and 1., as renumbered, are amended to read:
45.25 (1m) (b) (intro.) A veteran who is a resident of this state and otherwise qualified to receive benefits under this section may receive the benefits under this section 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. 45.35 (9m), or from a proprietary school that is approved under s. 45.54 38.50, if any of the following applies:
****NOTE: This is reconciled s. 45.25 (1m) (b) (intro.). This SECTION has been affected by drafts with the following LRB numbers: LRB-0328, LRB-1510.
1. The part-time classroom study is not offered within 50 miles of the veteran's residence by any school or institution under sub. (2) par. (a) and the educational institution from which the study is offered is located not more than 50 miles from the boundary line of this state.
SECTION 29. 45.396 (4) of the statutes is repealed.
SECTION 30. 45.396 (5) of the statutes is repealed.
SECTION 31. 45.396 (5m) of the statutes is repealed.
SECTION 32. 45.396 (6) of the statutes is repealed.
SECTION 33. 45.396 (7) (a) of the statutes is repealed.
SECTION 34. 45.396 (7) (b) of the statutes is renumbered 45.25 (2) (bm).
SECTION 35. 45.396 (8) of the statutes is repealed.
SECTION 36. 45.396 (9) of the statutes is renumbered 45.25 (5) and amended to read:
45.25 (5) DISABLED VETERAN ELIGIBILITY. A disabled veteran who meets the requirements under this section 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 and may not be provided to an individual more than 4 times during any consecutive 12-month period if the tuition and fees are for an undergraduate semester in any institution of higher education.
SECTION 37. 45.397 (2) (cm) of the statutes is amended to read:
45.397 (2) (cm) The veteran requesting a grant has not received reimbursement under s. 45.25 or 45.396 for courses completed during the same semester for which a grant would be received under this section.
SECTION 38. 45.43 (1) (am) of the statutes is amended to read:
45.43 (1) (am) Except as provided under par. (b), the county board may appoint assistant county veterans' service officers who shall be Wisconsin residents who served on active duty, other than active duty for training, under honorable conditions in the U.S. armed forces or in forces incorporated as part of the U.S. armed forces and who meet at least one of the conditions listed in s. 45.35 (5) (a) 1. a. to d. 45.001 (4) (a) 1. a. to d. and at least one of the conditions listed in s. 45.35 (5) (a) 2. a. to c. 45.001 (4) (a) 1. a. to d.
SECTION 9153. Nonstatutory provisions; veterans affairs.
(1) EDUCATIONAL GRANT PROGRAM EMERGENCY RULES. The department of veterans affairs may promulgate emergency rules under section 227.24 of the statutes implementing section 45.25 of the statutes, as affected by this act. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.
SECTION 9353. Initial applicability; veterans affairs.
(1) EDUCATIONAL GRANT PROGRAM. The treatment of sections 16.75 (4) (d), 20.485 (2) (th), 25.36 (1), 45.16, 45.25 (1), (1g), (1m), (2) (intro.) (except 45.25 (2) (title)), (a), (c), (cm), (d), and (e), (3) (a), (am), (b) 1., (c), and (d) (intro.), and (4) (c), 45.35 (4) (a) and (8) (b) 4., 45.396 (title), (1), (2), (3), (4), (5), (5m), (6), (7) (a) and (b), (8), (9), 45.397 (2) (cm), and 45.43 (1) (am) of the statutes, the renumbering and amendment of section 45.25 (4) (a) of the statutes, and the creation of section 45.25 (2) (cm) and (4) (a) 1. to 3. of the statutes and SECTION 9153 (1) of this act first apply to courses completed on the effective date of this subsection.
(End)
LRB-0329LRB-0329/4
RPN:jld/lmk/wlj:rs
2005 - 2006 LEGISLATURE
DOA:......Caucutt, BB0111 - Health care and subsistence grant programs
