2001 Wisconsin Act 16

45.37 (3) Exceptions to the basic eligibility requirements. A veteran who was not a resident of this state at the time of enlistment or induction into service but who is otherwise qualified for membership may be admitted if the veteran has been a resident of this state for any consecutive 5-year 12-month period after enlistment or induction into service and before the date of his or her application. If a person applying for a benefit under this subchapter meets that 5-consecutive-year the residency requirement of 12 consecutive months, the department may not require the person to reestablish that he or she meets the 5-consecutive-year that residency requirement when he or she later applies for any other benefit under this chapter that requires a 5-consecutive-year residency.

16,1463 Section 1463. 45.37 (6) (f) of the statutes is amended to read:

45.37 (6) (f) Has been a resident of this state for the 5 years 12 months immediately preceding the date of application for membership.

16,1464 Section 1464. 45.37 (7) (b) of the statutes is amended to read:

45.37 (7) (b) Has been a resident of this state for the 5 years next 12-months preceding the date of application for membership; and

16,1464g Section 1464g. 45.37 (10) (a) of the statutes is amended to read:

45.37 (10) (a) Except as otherwise provided in this subsection, the application and admission of any applicant admitted under this section shall constitute a valid and binding contract between such a member and the department. If a member dies leaving a relative that is entitled to an interest in the property of the member under the rules of intestate succession or a will the existence of which is made known to the commandant of the home within 60 days of such the member's death, the member's property shall constitute a part of the member's estate, except that personal effects of nominal monetary value of such a deceased member who is not survived by a member spouse may be distributed by the commandant of the home or the southeastern facility to surviving relatives of such the member who request such the personal effects within a reasonable time after such the member's death.

16,1464i Section 1464i. 45.37 (11) of the statutes is amended to read:

45.37 (11) Disposition of property descending to state. If a member dies without a relative that is entitled to an interest in the property of the member under the rules of intestate succession and without leaving a will the existence of which is made known to the commandant of the home or the southeastern facility, within 60 days of the member's death, the member's property shall be converted to cash and turned over by the commandant of the home or the southeastern facility, to the state treasurer to be paid into the appropriation under s. 20.485 (1) (h), without administration. The amount is subject to refund within 6 years to the estate of a veteran if it is subsequently discovered that the veteran left a will or a relative that is entitled to an interest in the property of the member under the rules of intestate succession or to any creditor of the veteran who establishes right to the fund or property or any portion thereof. The department, upon being satisfied that a claim out of such funds or property is legal and valid, shall pay the same out of such funds or property, except that payment of claims for a member's funeral and burial expenses may not exceed a total of $1,500 including any amount allowed by the United States for the member's funeral and burial and the right for burial and interment provided in sub. (15) (a).

16,1464L Section 1464L. 45.37 (14) of the statutes is amended to read:

45.37 (14) Powers of commandant over personal funds of members. The A commandant of the home may receive, disburse, and account for funds of members of the home.

16,1465 Section 1465. 45.396 (1) (a) of the statutes is amended to read:

45.396 (1) (a) "Institution of higher education" has the meaning given in 20 USC 1088 (a) 20 USC 1001 (a).

16,1466 Section 1466. 45.396 (2) of the statutes is amended to read:

45.396 (2) Any veteran upon the completion of any correspondence course or part-time classroom study from an institution of higher education located in this state, from a school that is approved under s. 45.35 (9m), from a proprietary school that is approved under s. 45.54, or from any public or private high school may be reimbursed in part for the cost of the course by the department upon presentation to the department of a certificate from the school indicating that the veteran has completed the course and stating the cost of the course and upon application for reimbursement completed by the veteran and received by the department no later than 60 days after the termination of the course for which the application for reimbursement is made. The department shall accept and process an application received more than 60 days after the termination of the course if the applicant shows good cause for the delayed receipt. The department may not require that an application be received sooner than 60 days after a course is completed. Benefits granted under this section shall be paid out of the appropriation under s. 20.485 (2) (th).

16,1467 Section 1467. 45.396 (3) (intro.) of the statutes is amended to read:

45.396 (3) (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, if any of the following applies:

16,1468 Section 1468. 45.396 (5) of the statutes is amended to read:

45.396 (5) Except as provided in sub. (9), the amount of the reimbursement may not exceed 65% 85% of the total cost of the individual's tuition and fees and shall also be limited to a maximum of 65% of or 85% 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, whichever is less, and may not be provided to an individual more than 4 times during any consecutive 12-month period.

16,1470 Section 1470. 45.397 (1) of the statutes is amended to read:

45.397 (1) Grant amount and application. The department may grant a veteran not more than $3,000 for retraining to enable the veteran to obtain gainful employment. The department shall determine the amount of the grant based on the veteran's financial need. A veteran may apply for a grant to the county veterans' service officer of the county in which the veteran is living. The department may, on behalf of a veteran who is engaged in a structured on-the-job training program and who meets the requirements under sub. (2), pay a retraining grant under this subsection to the veteran's employer.

16,1470m Section 1470m. 45.43 (7) (title) of the statutes is amended to read:

45.43 (7) (title) Grants to counties for improvement of services.

16,1470p Section 1470p. 45.43 (7m) of the statutes is created to read:

45.43 (7m) Transportation services grants to counties. (a) Annually, from the appropriation under s. 20.485 (2) (s), the department shall award grants to counties that are not served by transportation services provided by the Wisconsin department of Disabled American Veterans to develop, maintain, and expand transportation services for disabled veterans. The grants may be used to support multi-county cooperative transportation services.

(b) The department shall promulgate rules specifying the application procedures and eligibility criteria for grants under this subsection.

(c) A county may not allocate any portion of a grant awarded under this subsection for use by another county department and may not reduce funding to a county veterans' service office based upon receipt of a grant.

16,1471 Section 1471. 45.54 (2) of the statutes is amended to read:

45.54 (2) Purpose. The purpose of the board is to approve schools and courses of instruction for the training of veterans of the armed forces and war orphans receiving assistance from the federal government, protect the general public by inspecting and approving private trade, correspondence, business, and technical schools doing business within this state whether located within or outside this state, changes of ownership or control of these schools, teaching locations used by these schools, and courses of instruction offered by these schools and to regulate the soliciting of students for correspondence or classroom courses and courses of instruction offered by these schools.

16,1472 Section 1472. 45.54 (6) of the statutes is renumbered 45.35 (9m), and 45.35 (9m) (a), as renumbered, is amended to read:

45.35 (9m) (a) Except as provided in par. (b), the board department shall be the state approval agency for the education and training of veterans and war orphans. It The department shall approve and supervise schools and courses of instruction for their the training of veterans and war orphans under Title 38, USC, and may enter into and receive money under contracts with the U.S. department of veterans affairs or other appropriate federal agencies.

16,1473 Section 1473. 45.71 (16) (a) 2m. a. of the statutes is amended to read:

45.71 (16) (a) 2m. a. Has been a resident of this state for any consecutive 5-year 12-month period after enlistment or induction into service and before the date of his or her application or death. If a person applying for a benefit under this subchapter meets that 5-consecutive-year the residency requirement of 12 consecutive months, the department may not require the person to reestablish that he or she meets the 5-consecutive-year that residency requirement when he or she applies for any other benefit under this chapter that requires a 5-consecutive-year that residency.

16,1474 Section 1474. 45.76 (1) (c) of the statutes is amended to read:

45.76 (1) (c) Home improvements. 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 disabled individual.

16,1475 Section 1475. 45.79 (3) (b) of the statutes is amended to read:

45.79 (3) (b) Casualty insurance coverage. Mortgages given to secure loans under this section shall provide for adequate fire and extended coverage insurance. Policies providing such insurance coverage shall name the authorized lender involved or the department as an insured.

16,1476 Section 1476. 45.79 (5) (a) 6. of the statutes is amended to read:

45.79 (5) (a) 6. Require borrowers to make monthly escrow payments to be held by the authorized lender or the department for real estate taxes and casualty insurance premiums which. The authorized lender or, if the department holds the payments in escrow, the department shall be paid by the authorized lender where due to the extent of the amounts owing thereon or to the extent escrowed, whichever is less pay all of the amounts due for real estate taxes and casualty insurance premiums, even if the amount held in escrow is insufficient to cover the amounts due. If the amount held in escrow is insufficient to cover the amounts due, the authorized lender or, if the department holds the payments in escrow, the department shall recover from the borrower, after paying the amounts due under this subdivision, an amount equal to the difference between the amounts paid and the amount held in escrow. If the amount held in escrow is more than the amounts due, the authorized lender or, if the department holds the payments in escrow, the department shall refund to the borrower, after paying the amounts due under this subdivision, an amount equal to the difference between the amount held in escrow and the amounts paid by the authorized lender or the department.

16,1477 Section 1477. 45.79 (5) (a) 10. of the statutes is created to read:

45.79 (5) (a) 10. Service loans made under this section and purchase from authorized lenders the servicing rights for loans made by authorized lenders under this section.

16,1478 Section 1478. 45.79 (5) (b) of the statutes is amended to read:

45.79 (5) (b) 1. Persons Veterans receiving loans under this section shall pay at the time of closing an origination fee to the authorized lender participating in the loan, except that the department shall pay, on behalf of a veteran who receives a loan under this section and who has at least a 30% service connected disability rating for purposes of 38 USC 1114 or 1134, the origination fee to the authorized lender. The origination fee charged to borrowers under this section paragraph shall be negotiated between the department and the authorized lender but may not exceed that which the authorized lender would charge other borrowers in the ordinary course of business under the same or similar circumstances.

16,1479 Section 1479. 45.79 (7) (a) (intro.) of the statutes is amended to read:

45.79 (7) (a) (intro.) There is created the veterans mortgage loan repayment fund. All moneys received by the department for the repayment of loans funded under sub. (6) (a) except for servicing fees required to be paid to authorized lenders, net proceeds from the sale of mortgaged properties, any repayment to the department of moneys paid to authorized lenders, gifts, grants, other appropriations, and interest earnings accruing thereon, any repayment of moneys borrowed under s. 45.356 (9) (a), all moneys received under sub. (5) (a) 6., and any moneys deposited or transferred under s. 18.04 (6) (b) or (d) shall be promptly deposited into the veterans mortgage loan repayment fund. The board shall establish by resolution a system of accounts providing for the maintenance and disbursement of moneys of the veterans mortgage loan repayment fund to fund loans under sub. (6) (a) or to fund, refund, or acquire public debt as provided in s. 18.04 (5). The system of accounts shall record and provide moneys for all of the following purposes:

16,1480 Section 1480. 45.79 (7) (a) 4. of the statutes is amended to read:

45.79 (7) (a) 4. Payment of all costs incurred by the department in processing and servicing loans, purchasing servicing rights for loans under this section, and accounting for and administering the program under this section, including a portion of grants made to county veterans' service officers under s. 45.43 (7).

16,1481 Section 1481. 45.79 (7) (a) 10. of the statutes is created to read:

45.79 (7) (a) 10. Payment of origination fees, on behalf of veterans who have at least a 30% service connected disability rating for purposes of 38 USC 1114 or 1134, to authorized lenders under sub. (5) (b).

16,1482 Section 1482. 45.79 (7) (a) 11. of the statutes is created to read:

45.79 (7) (a) 11. To make payments required of the department under sub. (5) (a) 6.

16,1483 Section 1483. 46.03 (34) of the statutes is amended to read:

46.03 (34) Fetal alcohol syndrome and drug danger pamphlets. The department shall acquire, without cost if possible, pamphlets that describe the causes and effects of fetal alcohol syndrome and the dangers to a fetus of the mother's use of cocaine or other drugs during pregnancy and shall distribute the pamphlets free of charge to each county clerk in sufficient quantities so that each county clerk may provide pamphlets to marriage license applicants under s. 765.12 (1) (a).

16,1483gb Section 1483gb. 46.03 (43) of the statutes is amended to read:

46.03 (43) Compulsive gambling awareness campaigns. Provide From the appropriation account under s. 20.435 (7) (kg), provide grants to one or more individuals or organizations in the private sector to conduct compulsive gambling awareness campaigns.

16,1483j Section 1483j. 46.03 (44) of the statutes is created to read:

46.03 (44) Performance evaluations for alcohol and other drug abuse intervention and treatment services. Promote efficient use of resources for alcohol and other drug abuse intervention and treatment services by doing all of the following:

(a) Developing one or more methods to evaluate the effectiveness of, and developing performance standards for, alcohol and other drug abuse intervention and treatment services that are administered by the department.

(b) Adopting policies to ensure that, to the extent possible under state and federal law, funding for alcohol and other drug abuse intervention and treatment services that are administered by the department is distributed giving primary consideration to the effectiveness of the services in meeting department performance standards for alcohol and other drug abuse services.

(c) Requiring every application for funding from the department for alcohol and other drug abuse intervention or treatment services to include a plan for the evaluation of the effectiveness of the services in reducing alcohol and other drug abuse by recipients of services.

(d) Requiring every person receiving funding from the department for alcohol and other drug abuse intervention or treatment services to provide the department the results of the evaluation conducted under par. (c).

16,1484m Section 1484m. 46.034 (3) of the statutes is amended to read:

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), (kw) 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.

16,1485 Section 1485. 46.036 (5m) (a) 1. of the statutes is amended to read:

46.036 (5m) (a) 1. "Provider" means a nonstock corporation organized under ch. 181 that is a nonprofit corporation, as defined in s. 181.0103 (17), and that contracts under this section to provide client services on the basis of a unit rate per client service or a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 that contracts under this section to provide client services on the basis of a unit rate per client service.

16,1486 Section 1486. 46.036 (5m) (b) 1. of the statutes is amended to read:

46.036 (5m) (b) 1. Subject to subd. 2. and pars. (e) and (em), if revenue under a contract for the provision of a rate-based service exceeds allowable costs incurred in the contract period, the provider may retain from the surplus generated by that rate-based service up to 5% of the revenue received under the contract. A provider that retains a surplus under this subdivision shall use that retained surplus to cover a deficit between revenue and allowable costs incurred in any preceding or future contract period for the same rate-based service that generated the surplus or to address the programmatic needs of clients served by the same rate-based service that generated the surplus.

16,1487 Section 1487. 46.036 (5m) (b) 2. of the statutes is amended to read:

46.036 (5m) (b) 2. A Subject to pars. (e) and (em), a provider may accumulate funds from more than one contract period under this paragraph, except that, if at the end of a contract period the amount accumulated from all contract periods for a rate-based service exceeds 10% of the revenue received under all current contracts for that rate-based service, the provider shall, at the request of a purchaser, return to that purchaser the purchaser's proportional share of that excess and use any of that excess that is not returned to a purchaser to reduce the provider's unit rate per client for that rate-based service in the next contract period. If a provider has held for 4 consecutive contract periods an accumulated reserve for a rate-based service that is equal to or exceeds 10% of the revenue received under all current contracts for that rate-based service, the provider shall apply 50% of that accumulated amount to reducing its unit rate per client for that rate-based service in the next contract period.

16,1488 Section 1488. 46.036 (5m) (e) of the statutes is amended to read:

46.036 (5m) (e) Notwithstanding this subsection par. (b) 1. and 2., the department or a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 that purchases care and services from an inpatient alcohol and other drug abuse treatment program that is not affiliated with a hospital and that is licensed as a community-based residential facility, may allocate to the program an amount that is equal to the amount of revenues received by the program that are in excess of the allowable costs incurred in the period of a contract between the program and the department or the county department for purchase of care and services under this section. The department or the county department may make the allocation under this paragraph only if the funds so allocated do not reduce any amount of unencumbered state aid to the department or the county department that otherwise would lapse to the general fund.

16,1489 Section 1489. 46.036 (5m) (em) of the statutes is created to read:

46.036 (5m) (em) Notwithstanding pars. (b) 1. and 2. and (e), a county department under s. 46.215, 51.42, or 51.437 providing client services in a county having a population of 500,000 or more or a nonstock, nonprofit corporation providing client services in such a county may not retain a surplus under par. (b) 1., accumulate funds under par. (b) 2., or allocate an amount under par. (e) from revenues that are used to meet the maintenance-of-effort requirement under the federal temporary assistance for needy families program under 42 USC 601 to 619.

16,1489m Section 1489m. 46.041 (1) (a) of the statutes is amended to read:

46.041 (1) (a) Provide for the temporary residence and evaluation of children referred from courts assigned to exercise jurisdiction under chs. 48 and 938, the institutions and services under the jurisdiction of the department, University of Wisconsin Hospitals and Clinics Authority, county departments under s. 46.215, 46.22 or 46.23, private child welfare agencies, the Wisconsin School Educational Services Program for the Deaf and Hard of Hearing, the Wisconsin Center for the Blind and Visually Impaired, and mental health facilities within the state at the discretion of the director of the institution providing services under this section.

16,1490 Section 1490. 46.043 (2) of the statutes is amended to read:

46.043 (2) Services under this section may be provided only under contract between the department and a county department under s. 46. 215, 46.22 or 46.23, a school district or another public or private entity within the state to persons referred from those entities, at the discretion of the department. The department shall charge the referring entity all costs associated with providing the services. Unless a referral is made, the department may not offer services under this section to the person who is to receive the services or his or her family. The department may not impose a charge for services under this section upon the person receiving the services or his or her family. The department shall credit any revenues received under this section to the appropriation account under s. 20.435 (2) (gk) (g).

16,1491 Section 1491. 46.057 (2) of the statutes is amended to read:

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) $1,273,900 $1,379,300 in fiscal year 1999-2000 2001-02 and $1,379,300 in fiscal year 2000-01 2002-03 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) $2,489,300 $2,694,400 in fiscal year 1999-2000 2001-02 and $2,489,900 $2,947,200 in fiscal year 2000-01 2002-03 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.

16,1492 Section 1492. 46.10 (8m) (b) 2. of the statutes is amended to read:

46.10 (8m) (b) 2. Paragraph (a) 2. and 4. does not apply to services provided under s. 51.06 (1) (1m) (d) that are billed under s. 51.437 (4rm) (c) 2m. and does not apply to treatment and services provided under s. 51.42 (3) (aw) 1. d.

16,1494m Section 1494m. 46.215 (1) (k) of the statutes is amended to read:

46.215 (1) (k) Except as provided under sub. (1g), certify Certify eligibility for and issue food coupons to needy households in conformity with the federal food stamp act of 1964 as amended, and, in addition, the county department of social services may certify eligibility for and distribute surplus commodities and food stuffs.

16,1494q Section 1494q. 46.215 (1g) of the statutes is repealed.

16,1494r Section 1494r. 46.215 (2) (c) 1. of the statutes is amended to read:

46.215 (2) (c) 1. A county department of social services shall develop, under the requirements of s. 46.036, plans and contracts for care and services to be purchased, except for care and services under subch. III of ch. 49 or s. 301.08 (2). The department of health and family services may review the contracts and approve them if they are consistent with s. 46.036 and if state or federal funds are available for such purposes. The joint committee on finance may require the department of health and family services to submit the contracts to the committee for review and approval. The department of health and family services may not make any payments to a county for programs included in a contract under review by the committee. The department of health and family services shall reimburse each county for the contracts from the appropriations under s. 20.435 (3) (o) and (7) (b), (kw) and (o), as appropriate, under s. 46.495.

16,1494t Section 1494t. 46.22 (1) (b) 2. d. of the statutes is amended to read:

46.22 (1) (b) 2. d. Except as provided in sub. (1g), to To certify eligibility for and issue food coupons to needy households in conformity with 7 USC 2011 to 2029.

16,1495g Section 1495g. 46.22 (1) (e) 3. a. of the statutes is amended to read: