AB100: Bill Text Engrossed

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).

AB100-engrossed,441,9 (f) The power to covenant and agree in any lease or sublease of such new buildings made under subd. 3. par. (c) to impose fees, rentals or other charges for the use and occupancy or other operation of such new buildings in an amount calculated to produce net revenues sufficient to pay the rentals due and to become due under such lease or sublease.

AB100-engrossed,441,12 (g) The power to apply all or any part of the revenues derived from the operation of existing buildings to the payment of rentals due and to become due under any lease or sublease made under subd. 3 par. (c).

AB100-engrossed,441,15 (h) The power to pledge and assign all or any part of the revenues derived from the operation of existing buildings to the payment of rentals due and to become due under any lease or sublease made under subd. 3 par. (c).

AB100-engrossed,441,19 (i) The power to covenant and agree in any lease or sublease made under subd. 3. par. (c) to impose fees, rentals or other charges for the use and occupancy or other operation of existing buildings in an amount calculated to produce net revenues sufficient to pay the rentals due and to become due under such lease or sublease.

AB100-engrossed,441,25 (j) The power and duty, upon receipt of notice of any assignment by any such nonprofit corporation of any lease or sublease made under subd. 3. par. (c), or of any of its rights under any such sublease, to recognize and give effect to such assignment, and to pay to the assignee thereof rentals or other payments then due or which may become due under any such lease or sublease which has been so assigned by such nonprofit corporation.

AB100-engrossed, s. 835 Section 835. 46.035 (2) (b) of the statutes is renumbered 46.035 (3) and amended to read:

AB100-engrossed,442,9 46.035 (3) The state shall be is liable for accrued rentals and for any other default under any lease or sublease made under par. (a) 3. sub. (2) (c), and may be sued therefor on contract as in other contract actions pursuant to ch. 775, except that it shall not be is not necessary for the lessor under any such lease or sublease or any assignee of such lessor or any person or other legal entity proceeding on behalf of such lessor to file any claim with the legislature prior to the commencement of any such action.

AB100-engrossed, s. 836 Section 836. 46.035 (2) (c) of the statutes is renumbered 46.035 (4).

AB100-engrossed, s. 837 Section 837. 46.035 (2) (d) of the statutes is repealed.

AB100-engrossed, s. 838 Section 838. 46.035 (2) (e) of the statutes is renumbered 46.035 (5) and amended to read:

AB100-engrossed,442,16 46.035 (5) All laws, except s. 16.848 and ch. 150, conflicting that conflict with any provisions of this section, are, insofar as they conflict with this section and no further, superseded by this section.

AB100-engrossed, s. 839 Section 839. 46.057 (2) of the statutes is amended to read:

AB100-engrossed,443,2 46.057 (2) From the appropriation account under s. 20.410 (3) (ba), the department of corrections shall transfer to the appropriation account under s. 20.435 (2) (kx) $1,379,300 in fiscal year 2003-04 2005-06 and $1,379,300 in fiscal year 2004-05 2006-07 and, from the appropriation account under s. 20.410 (3) (hm), the department of corrections shall transfer to the appropriation account under s. 20.435 (2) (kx) $2,086,700 $2,271,200 in fiscal year 2003-04 2005-06 and $2,155,600 $2,390,600 in fiscal year 2004-05 2006-07 for services for juveniles placed at the Mendota juvenile treatment center. The department of health and family services may charge the department of corrections not more than the actual cost of providing those services.

AB100-engrossed, s. 840 Section 840. 46.06 (intro.) of the statutes is created to read:

AB100-engrossed,443,5 46.06 Lands; condemnation, easements, leases, sales, purchases. (intro.) Subject to s. 16.848:

AB100-engrossed, s. 841m Section 841m. 46.07 of the statutes is amended to read:

AB100-engrossed,443,24 46.07 Property of patients or residents. All money including wages and other property delivered to an officer or employee of any institution for the benefit of a patient or resident shall forthwith be delivered to the steward, who shall enter the same money upon the steward's books to the credit of the patient or resident. The property shall be used only under the direction and with the approval of the superintendent and for the crime victim and witness assistance surcharge under s. 973.045 (4), the delinquency victim and witness assistance surcharge under s. 938.34 (8d) (c), the deoxyribonucleic acid analysis surcharge under s. 973.046 , the drug offender diversion surcharge under s. 973.043, or the benefit of the patient or resident. If the money remains uncalled for for one year after the patient's or resident's death or departure from the institution, the superintendent shall deposit the same money in the general fund. If any patient or resident leaves property, other than money, uncalled for at an institution for one year, the superintendent shall sell the property, and the proceeds shall be deposited in the general fund. If any person satisfies the department, within 5 years after the deposit, of his or her right to the deposit, the department shall direct the department of administration to draw its warrant in favor of the claimant and it shall charge the same to the appropriation made by s. 20.913 (3) (c).

AB100-engrossed, s. 842 Section 842. 46.09 (intro.) of the statutes is created to read:

AB100-engrossed,444,1 46.09 Purchases, bills, audits, payments. (intro.) Subject to s. 16.848:

AB100-engrossed, s. 843 Section 843. 46.10 (14) (a) of the statutes is amended to read:

AB100-engrossed,444,17 46.10 (14) (a) Except as provided in pars. (b) and (c), liability of a person specified in sub. (2) or s. 46.03 (18) for inpatient care and maintenance of persons under 18 years of age at community mental health centers, a county mental health complex under s. 51.08, the centers for the developmentally disabled, the Mendota Mental Health Institute, and the Winnebago Mental Health Institute or care and maintenance of persons under 18 years of age in residential, nonmedical facilities such as group homes, foster homes, treatment foster homes, child caring institutions, subsidized guardianship homes, residential care centers for children and youth, and juvenile correctional institutions is determined in accordance with the cost-based fee established under s. 46.03 (18). The department shall bill the liable person up to any amount of liability not paid by an insurer under s. 632.89 (2) or (2m) or by other 3rd-party benefits, subject to rules that include formulas governing ability to pay promulgated by the department under s. 46.03 (18). Any liability of the patient not payable by any other person terminates when the patient reaches age 18, unless the liable person has prevented payment by any act or omission.

AB100-engrossed, s. 844 Section 844. 46.10 (14) (b) of the statutes is amended to read:

AB100-engrossed,445,2 46.10 (14) (b) Except as provided in par. (c) and subject to par. (cm), liability of a parent specified in sub. (2) or s. 46.03 (18) for the care and maintenance of the parent's minor child who has been placed by a court order under s. 48.355 or 48.357 in a residential, nonmedical facility such as a group home, foster home, treatment foster home, subsidized guardianship home, or residential care center for children and youth shall be determined by the court by using the percentage standard established by the department of workforce development under s. 49.22 (9) and by applying the percentage standard in the manner established by the department under s. 46.247.