AB100: Bill Text Engrossed

AB100-engrossed,426,10 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.

AB100-engrossed,426,11 b. The correspondence course is not offered in this state.

AB100-engrossed,426,13 (b) Eligibility. 1. A veteran is eligible for the tuition reimbursement program if he or she meets all of the following criteria:

AB100-engrossed,426,15 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.

AB100-engrossed,426,19 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.

AB100-engrossed,427,2 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.

AB100-engrossed,427,4 2. In determining eligibility under this subsection, the department shall verify all reported income amounts.

AB100-engrossed,427,6 3. A veteran is not eligible under this program if the veteran has an undergraduate degree from any institution of higher education.

AB100-engrossed,427,18 (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.

AB100-engrossed,427,20 2. An application for reimbursement of tuition under this subsection shall meet all of the following requirements:

AB100-engrossed,427,24 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.

AB100-engrossed,428,2 b. Contain the information necessary to establish eligibility as determined by the department.

AB100-engrossed,428,3 c. Be on the application form established by the department.

AB100-engrossed,428,6 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.

AB100-engrossed,428,15 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.

AB100-engrossed,428,19 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:

AB100-engrossed,428,21 a. The curriculum at the institution or school consists only of courses necessary to complete a degree in a particular course of study.

AB100-engrossed,428,24 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.

AB100-engrossed,429,5 (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:

AB100-engrossed,429,9 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.

AB100-engrossed,429,13 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.

AB100-engrossed,429,17 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.

AB100-engrossed,429,22 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:

AB100-engrossed,429,25 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.

AB100-engrossed,430,4 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.

AB100-engrossed,430,7 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.

AB100-engrossed,430,10 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".

AB100-engrossed,430,17 (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.

AB100-engrossed,430,22 (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:

AB100-engrossed,430,23 1. The veteran's name.

AB100-engrossed,430,24 2. The educational institution the veteran is attending.

AB100-engrossed,431,2 3. Whether the veteran is enrolled full-time or part-time at the educational institution.

AB100-engrossed,431,4 4. An estimate of the amount of tuition reimbursement that the veteran will claim at the end of the academic term.

AB100-engrossed, s. 746r Section 746r. 45.21 (2) (a) of the statutes, as affected by 2005 Wisconsin Act .... (Assembly Bill 210), is amended to read:

AB100-engrossed,431,11 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.

AB100-engrossed, s. 763p Section 763p. 45.31 (9) of the statutes, as affected by 2005 Wisconsin Act .... (Assembly Bill 210), is amended to read:

AB100-engrossed,431,18 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.

AB100-engrossed, s. 763q Section 763q. 45.31 (15) of the statutes is created to read:

AB100-engrossed,431,21 45.31 (15) "Qualified veterans' mortgage bonds" means federally tax-exempt bonds issued under the authority of 26 USC 143.

AB100-engrossed, s. 763r Section 763r. 45.33 (1) (d) of the statutes is created to read:

AB100-engrossed,432,2 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.

AB100-engrossed, s. 763s Section 763s. 45.34 (1) (c) of the statutes, as affected by 2005 Wisconsin Act .... (Assembly Bill 210), is amended to read:

AB100-engrossed,432,8 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.

AB100-engrossed, s. 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:

AB100-engrossed,432,12 45.34 (1) (d) Refinancing the balance due on an indebtedness that was incurred for a use designated in pars. (a) to (c).

AB100-engrossed, s. 763u Section 763u. 45.34 (2) (b) 1. of the statutes, as affected by 2005 Wisconsin Act .... (Assembly Bill 210), is amended to read:

AB100-engrossed,432,17 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.

AB100-engrossed, s. 763v Section 763v. 45.34 (3) of the statutes is created to read:

AB100-engrossed,432,23 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.

AB100-engrossed, s. 795c Section 795c. 45.40 of the statutes, as affected by 2005 Wisconsin Act .... (Assembly Bill 210), is repealed and recreated to read:

AB100-engrossed,433,14 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.

AB100-engrossed,433,16 (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.

AB100-engrossed,433,19 (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.

AB100-engrossed,433,22 (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.

AB100-engrossed,434,4 (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.

AB100-engrossed,434,10 (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).

AB100-engrossed,434,16 (b) The spouse and dependent children of a member of the U.S. armed forces or of the Wisconsin national guard who has been activated or deployed to serve in the U.S. armed forces who are residents of this state, who have suffered a loss of income due to that activation or deployment, and who experience an economic emergency during the member's activation or deployment are eligible to receive assistance under subs. (1) and (2).

AB100-engrossed,434,18 (3) Limitations. The total cumulative amount that any veteran may receive under this section may not exceed $5,000.

AB100-engrossed,434,20 (3m) Rules. The department shall promulgate rules establishing eligibility criteria and household income limits for payments under subs. (1), (2), and (2m).

AB100-engrossed,434,23 (4) Appropriations. The department may make payments 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-engrossed,435,12 (5) Joint finance supplemental funding. The department may submit a request to the joint committee on finance for supplemental funds from the veterans trust fund to be credited to the appropriation account under s. 20.485 (2) (vm) to provide payments under this section. The joint committee on finance may, from the appropriation under s. 20.865 (4) (u), supplement the appropriation under s. 20.485 (2) (vm) in an amount equal to the amount that the department expects to expend under this section. If the cochairpersons of the committee do not notify the department that the committee has scheduled a meeting for the purpose of reviewing the request for a supplement within 14 working days after the date of the department's notification, the supplement to the appropriation is approved. If, within 14 working days after the date of the department's notification, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed supplement, the supplement may occur only upon approval of the committee.

AB100-engrossed, s. 795d Section 795d. 45.42 (2) of the statutes, as affected by 2005 Wisconsin Act .... (Assembly Bill 210), is amended to read:

AB100-engrossed,435,23 45.42 (2) The department may lend a veteran, a veteran's unremarried surviving spouse, or a deceased veteran's child not more than $25,000, or a lesser amount established by the department under sub. (9). The department may prescribe loan conditions, but the term of the loan may not exceed 10 years, or a shorter term established by the department under sub. (12). The department shall ensure that the proceeds of any loan made under this section shall first be applied to pay any delinquent child support or maintenance payments owed by the person receiving the loan and then to pay any past support, medical expenses, or birth expenses owed by the person receiving the loan.

AB100-engrossed, s. 795e Section 795e. 45.42 (12) of the statutes is created to read:

AB100-engrossed,436,4 45.42 (12) Subject to the limit established in sub. (2), the department may periodically adjust the maximum term limits for loans based upon financial market conditions, funds available, needs of the veterans trust fund, or other factors that the department considers relevant.

AB100-engrossed, s. 795f Section 795f. 45.50 (6) (a) of the statutes, as affected by 2005 Wisconsin Act .... (Assembly Bill 210), is amended to read:

AB100-engrossed,436,10 45.50 (6) (a) The department may enter into agreements for furnishing and charging for water and sewer service from facilities constructed at and for veterans homes to public and private properties lying in the immediate vicinity of veterans homes.

AB100-engrossed, s. 795g Section 795g. 45.51 (3) (b) of the statutes, as affected by 2005 Wisconsin Act ...(Assembly Bill 210), is amended to read:

AB100-engrossed,436,19 45.51 (3) (b) Spouses, surviving spouses, and parents derive their eligibility from the eligibility of the person under sub. (2) (a) 1. or 2. Surviving spouses and parents of eligible persons under sub. (2) (a) 1. or 2. are shall not be eligible for admission only to a skilled nursing facility at a veterans home for admission to the Wisconsin Veterans Home at Union Grove or the Wisconsin Veterans Home at King unless a home's overall occupancy level is below an optimal level as determined by the board.

AB100-engrossed, s. 795h Section 795h. 45.51 (10) (b) of the statutes, as affected by 2005 Wisconsin Act .... (Assembly Bill 210), is amended to read:

AB100-engrossed,437,3 45.51 (10) (b) The Except where a sale occurs under s. 16.848, the department may manage, sell, lease, or transfer property passing to the state pursuant to this section or conveyed to it by members, defend and prosecute all actions concerning it, pay all just claims against it, and do all other things necessary for the protection, preservation, and management of the property. All expenditures necessary for the execution of functions under this paragraph or sub. (14) shall be made from the appropriation in s. 20.485 (1) (h).

AB100-engrossed, s. 816r Section 816r. 45.60 (2) of the statutes, as affected by 2005 Wisconsin Act .... (Assembly Bill 210), is repealed.

AB100-engrossed, s. 824m Section 824m. 45.82 (4) of the statutes, as affected by 2005 Wisconsin Act ...(Assembly Bill 210), is amended to read:

AB100-engrossed,437,16 45.82 (4) The department shall provide grants to the governing bodies of federally recognized American Indian tribes and bands from the appropriation under s. 20.485 (2) (vz) (km) if that governing body enters into an agreement with the department regarding the creation, goals, and objectives of a tribal veterans service officer, appoints a veteran to act as a tribal veterans service officer, and gives that veteran duties similar to the duties described in s. 45.80 (5), except that the veteran shall report to the governing body of the tribe or band. The department may make annual grants of up to $2,500 $8,500 under this subsection and shall promulgate rules to implement this subsection.

AB100-engrossed, s. 827 Section 827. 46.03 (30) (a) of the statutes is amended to read:

AB100-engrossed,437,23 46.03 (30) (a) To provide for an orderly reduction of state institutional primary psychiatric services the department may approve the institutes entering into contracts with county departments under s. 51.42 for providing primary psychiatric care. If excess capacity exists at state operated mental health institutes, the department shall, subject to s. 16.848, explore whether the possible sale or lease of such excess facilities may be sold or leased to a county department under s. 51.42.

AB100-engrossed, s. 830 Section 830. 46.034 (3) of the statutes is amended to read:

AB100-engrossed,438,23 46.034 (3) With the agreement of the affected county board of supervisors in a county with a single-county department or boards of supervisors in counties with a multicounty department, effective for the contract period beginning January 1, 1980, the department may approve a county with a single-county department or counties participating in a multicounty department to administer a single consolidated aid consisting of the state and federal financial aid available to that county or those counties from appropriations under s. 20.435 (3) (o) and (7) (b) and (o) for services provided and purchased by county departments under ss. 46.215, 46.22, 46.23, 51.42, and 51.437. Under such an agreement, in the interest of improved service coordination and effectiveness, the county board of supervisors in a county with a single-county department or county boards of supervisors in counties with a multicounty department may reallocate among county departments under ss. 46.215, 46.22, 46.23, 51.42, and 51.437 funds that otherwise would be specified for use by a single county department. The budget under s. 46.031 (1) shall be the vehicle for expressing the proposed use of the single consolidated fund by the county board of supervisors in a county with a single-county department or county boards of supervisors in counties with a multicounty department. Approval by the department of this use of the fund shall be in the contract under s. 46.031 (2g). Counties that were selected by the department to pilot test consolidated aids for contract periods beginning January 1, 1978, may continue or terminate consolidation with the agreement of the affected county board of supervisors in a county with a single-county department or county boards of supervisors in counties with a multicounty department.

AB100-engrossed, s. 831 Section 831. 46.035 (1) (a) of the statutes is amended to read:

AB100-engrossed,439,9 46.035 (1) (a) The term "existing building" in relation to any conveyance, lease or sublease made under sub. (2) (a) 1., 2. and 3., (b), and (c) means all detention, treatment, administrative, recreational, infirmary, hospital, vocational and academic buildings; all dormitories and cottages; all storage facilities, heating plants, sewage disposal plants, and such other buildings, structures, facilities and permanent improvements as in the judgment of the secretary are needed or useful for the purposes of the department, and all equipment therefor and all improvements and additions thereto which were erected, constructed or installed prior to the making of such conveyance, lease or sublease.

AB100-engrossed, s. 832 Section 832. 46.035 (1) (b) of the statutes is amended to read:

AB100-engrossed,439,19 46.035 (1) (b) The term "new building" in relation to any conveyance, lease or sublease made under sub. (2) (a) 1., 2. and 3., (b), and (c) means all detention, treatment, administrative, recreational, infirmary, hospital, vocational and academic buildings; all dormitories and cottages; all storage facilities, heating plants, sewage disposal plants, and such other buildings, structures, facilities and permanent improvements as in the judgment of the secretary are needed or useful for the purposes of the department, and all equipment therefor and all improvements and additions thereto which are erected, constructed or installed after the making of such conveyance, lease or sublease.

AB100-engrossed, s. 833 Section 833. 46.035 (2) (intro.) of the statutes is repealed.

AB100-engrossed, s. 834 Section 834. 46.035 (2) (a) of the statutes is renumbered 46.035 (2), and 46.035 (2) (intro.), (a) and (c) to (j), as renumbered, are amended to read:

AB100-engrossed,440,5 46.035 (2) (intro.) In order to provide new buildings and to enable the construction and financing thereof, to refinance indebtedness hereafter created by a nonprofit corporation for the purpose of providing a new building or buildings or additions or improvements thereto which are located on land owned by, or owned by the state and held for, the department or on lands of the institutions under the jurisdiction of the department or by the nonprofit corporation, or for any one or more of said purposes, but for no other purpose unless authorized by law, the department has, subject to s. 16.848, the following powers and duties:

AB100-engrossed,440,11 (a) Without limitation by reason of any other provisions of the statutes except s. 16.848, the power to sell and to convey title in fee simple to a nonprofit corporation any land and any existing buildings thereon owned by, or owned by the state and held for, the department or of any of the institutions under the jurisdiction of the department for such consideration and upon such terms and conditions as in the judgment of the secretary are in the public interest.

AB100-engrossed,440,20 (c) The power to lease or sublease from such nonprofit corporation, and to make available for public use, any such land and existing buildings conveyed or leased to such nonprofit corporation under subds. 1. and 2. pars. (a) and (b), and any new buildings erected upon such land or upon any other land owned by such nonprofit corporation, upon such terms, conditions and rentals, subject to available appropriations, as in the judgment of the secretary are in the public interest. With respect to any property conveyed to such nonprofit corporation under subd. 1. par. (a), such lease from such nonprofit corporation may be subject or subordinated to one or more mortgages of such property granted by such nonprofit corporation.

AB100-engrossed,440,24 (d) The duty to submit the plans and specifications for all such new buildings and all conveyances, leases and subleases made under this section subsection to the department of administration and the governor for written approval before they are finally adopted, executed and delivered.

AB100-engrossed,441,4 (e) The power to pledge and assign all or any part of the revenues derived from the operation of such new buildings as security for the payment of rentals due and to become due under any lease or sublease of such new buildings under subd. 3 par. (c).