2013 WISCONSIN ACT 189
An Act relating to: powers and duties of the board of veterans affairs; reimbursement of veterans' tuition at tribal colleges; documentation for eligibility to veterans homes; operation of veterans homes; eligibility and procedural requirements for veterans home loans, veterans personal loans, county veterans service grants, and American Indian veterans grants; and funeral honors, burial, and disinterment of veterans.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
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Section
1. Chapter VA 2 (title) of the administrative code is amended to read:
Chapter VA 2
EMERGENCY, CORRESPONDENCE, AND
PART-TIME STUDY, RETRAINING AND
TUITION AND FEE REIMBURSEMENT
GRANTS TO NEEDY VETERANS,
VETERANS TUITION REIMBURSEMENT
AND RETRAINING GRANTS, AND
REIMBURSEMENT OF VETERANS FOR
TRIBAL COLLEGE TUITION
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Section
2. VA 1.11 (intro.) of the administrative code is amended to read:
VA 1.11 (intro.) The administrative and executive duties of the department shall be vested in the secretary to be administered under the rules and regulations of the department and subject to and in accordance with the policies established by the board. The secretary shall:
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3. VA 1.11 (2) of the administrative code is amended to read:
VA 1.11 (2) Administer and supervise all programs of the department, and shall serve as an ex-officio member of all advisory, standing and special committees appointed by the board, unless specifically exempted.
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4. VA 1.11 (11) of the administrative code is amended to read:
VA 1.11 (11) Present to the legislature all proposed legislation recommended by the board and shall make such reports to and appearances before the legislature on such other matters as it may request.
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5. VA 1.11 (13) of the administrative code is repealed.
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6. VA 1.11 (15) of the administrative code is amended to read:
VA 1.11 (15) Make and establish rules and regulations necessary to carry out the statutes pursuant to the policies established by the board department, and make such publication and distribution of these rules and regulations as the secretary may deem necessary.
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7. VA 1.11 (18) of the administrative code is repealed.
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8. VA 1.18 of the administrative code is amended to read:
VA 1.18 Trust fund stabilization loans. The department may execute a subordination agreement or release a portion of the property providing security for its mortgage on a loan under s. 45.356, 1995 Stats., if the mortgagor's equity in the property secured by the mortgage is greater than 10% 15 percent of the property's value after the execution of the subordination agreement or partial release, the applicant is current on the loan and the repayment history for the 6 months immediately preceding the request has been satisfactory.
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9. VA 2.01 (2) (b) 1. of the administrative code is amended to read:
VA 2.01 (2) (b) 1. `All applicants.' Except for applicants who are eligible under subd. 3., the applicant's income shall not exceed 130% 180 percent of the federal poverty guidelines, in effect on the date the application arrives at the department's central office, for the number of family members living in the primary residence. An applicant may apply for subsistence aid, health care aid, or both. Applications approved by the department shall have the balance of the maximum available aid allocated towards each type of aid requested, unless the applicant indicates a lesser amount in writing. Applications shall be denied if no unallocated funds are available at the time of application. The department shall indicate on each description of benefits the type of health care or subsistence aid authorized, the date the department confirmed that the applicant was eligible for the grant, a date 90 calendar days from that date, the unallocated amount available for each type of aid and for the cumulative limits of this section, and the amount of aid being authorized. No more than one description of benefits may be outstanding at any time, except where all health care providers have submitted binding quotes prior to the issuance of more than one description of benefits, and are willing to accept payment from this program in full for any service rendered to the applicant in accordance with the description of benefits. The department shall pay the lesser of the actual cost of services invoiced or the binding quote submitted by the health care provider. No payment shall be made by the department unless an itemized written invoice is received by the department within 30 60 days of the expiration date, or any approved extension of that expiration date, as identified in the applicable description of benefits. Authorized applications for health care aid may not be withdrawn without the agreement of the provider of the health care aid.
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10. VA 2.01 (3) (b) of the administrative code is amended to read:
VA 2.01 (3) (b) Subsistence aid. Subsistence aid is available for the 90 day 90-day period following the date of the verified loss of income due to illness, injury, or a natural disaster. Applications may be made for any 30 day 30-day period within the 90
120 days following the date of the verified loss of income. No more than three 30 day 3 30-day periods of subsistence aid may be granted for any verified loss of income due to illness, injury, or natural disaster. No subsistence aid will be granted for any period prior to the date the application for subsistence aid is received. Subsistence aid shall be limited to the difference between the amount of earned and unearned income available before the loss of income and the earned and unearned income being received after the loss of income, subject to the limitations under s. 45.40 (1m) (b) and (3), Stats. The applicant shall verify the loss of income by submitting verification of income forms, certified public accounting statements, or any other evidence as the department deems credible. Illness or injury must shall be verified in writing on a form approved by the department. When the department has evidence that the incapacitation will cause an income loss for 90 days or longer, subsistence grants will be prorated for each of the 30 day 30-day periods unless the department determines that an alternate distribution of the grant would benefit the applicant. If the loss of income is the result of alcohol or other drug abuse, the applicant shall verify current participation in an approved treatment program.
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11. VA 2.02 (3) (b) of the administrative code is repealed.
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12. VA 2.03 (1) (b) of the administrative code is amended to read:
VA 2.03 (1) (b) "Course of instruction" has the meaning specified in s. VA 9.01 (3) means any series of classroom or shop courses that have a unified purpose and lead to a diploma or degree or to an occupational or vocational objective.
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13. VA 2.03 (1) (c) of the administrative code is amended to read:
VA 2.03 (1) (c) "Earned income" has the meaning specified in s. VA 9.01 (5) means all anticipated monthly and academic year take-home earnings from employment, including armed forces reserve and national guard pay and work-study pay, after all payroll deductions of the veteran and the veteran's spouse, except payroll deductions for savings plans and payment of debts.
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14. VA 2.03 (1) (d) of the administrative code is amended to read:
VA 2.03 (1) (d) "FAO" has the meaning specified in s. VA 9.01 (6) means a school's financial aids officer.
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15. VA 2.03 (1) (g) of the administrative code is amended to read:
VA 2.03 (1) (g) "Unearned income" has the meaning specified in s. VA 9.01 (14) means the estimated amount the veteran and spouse will receive during the academic year from VA educational assistance allowance (G.I. Bill) benefits, scholarships, fellowships, grants, tuition and fee waivers, all other definite awards other than loans, including amounts paid to the veteran or to the school on behalf of the veteran for vocational rehabilitation by the VA or any other agency, income from trusts or inheritances, unemployment compensation, worker's compensation, social security payments, net rentals from real estate, interest or dividend income, or other unearned income, but does not include disability compensation paid to the veteran by the VA for service-connected disabilities, armed forces disability retirement pay, or parental contributions.
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16. VA 2.03 (1) (h) of the administrative code is amended to read:
VA 2.03 (1) (h) "Unusual expenses" has the meaning specified in s. VA 9.01 (16) means monthly or academic year payments that a veteran will be required to make on medical and dental expenses or alimony being paid under a final judgment or decree of divorce.
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17. VA 2.03 (2) (b) of the administrative code is amended to read:
VA 2.03 (2) (b) Amount of grant. Applicants who qualify for a retraining grant under the provisions of this section and s. 45.21, Stats., are entitled to a grant equal to their need during the grant period or the statutory maximum grant, whichever is less. Except as provided in par. (h), need shall be determined by deducting 75% 75 percent of earned income and all unearned income to be received by the applicant during the grant period, available liquid assets in excess of $2,400 plus 6 months months' living expenses computed as set forth in s. VA 9.03 2.04 held by the applicant at the time of application and all other financial aid which will be received by the applicant during the grant period from the amount needed during the grant period. The amount needed will be the sum of the amount shown on the standard student budget described in s. VA 9.03 2.04 for the appropriate time period and for the appropriate number of family members plus the cost of tuition, fees, supplies and books as reported by the school for the courses to be taken during the grant period plus any unusual expenses reported by the applicant.
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18. VA 2.06 of the administrative code is created to read:
VA 2.06 Tribal college tuition reimbursement program. (1) Definitions. In this section:
(a) "Tuition" has the meaning given in s. 45.205 (1) (b), Stats.
(b) "Veteran" has the meaning given in s. 45.01 (12), Stats.
(2) Reimbursement application. (a) An applicant for tuition reimbursement under this section shall submit an application on a form approved by the department. The applicant may submit the application electronically, and the applicant shall submit the application either directly to the department or through a county veterans service officer or other agent authorized by the department. Each initial application shall be received by the department or its designee no later than 60 days after the starting date of the course, term, or semester for which reimbursement is requested. The department shall consider an initial application received under this paragraph once all required student information in the initial application is completed and a physical or electronic date stamp is affixed to the application.
(b) The tribal college veterans coordinator shall complete an application submitted under par. (a) by verifying the applicant's semester completion date and cost of tuition, any other assistance received or applied for by the applicant, the number of credits in which the applicant enrolled during the semester, and the applicant's semester grade point average. The department shall deny each application that is not completed within 60 days after the last day of the course, term, or semester for which reimbursement is being requested unless the applicant shows good cause for the delay. An application is considered completed under this paragraph once the department has received all of the information required for reimbursement.
(3) Limitations. (a) Undergraduate enrollment. The department may make a reimbursement under this section only if a representative of the tribal college certifies that the veteran was enrolled as an undergraduate during the semester for which reimbursement is sought and that the veteran does not already have a bachelor's degree.
(b)
Veterans benefits. A veteran may not receive reimbursement for any semester or course for which he or she is eligible or received a grant under s. 321.40, Stats., or
10 USC 2007. A veteran who is eligible for but does not receive a grant under s. 321.40, Stats., or
10 USC 2007 because the veteran fails to comply with applicable procedural requirements for the grant or maintain the requisite grade point average to receive the grant, or who takes any other action that prevents the veteran from receiving the grant, is considered eligible for the grant for purposes of this paragraph.
(c) Duplicate benefits. Reimbursement is limited to that portion of a veteran's tuition not paid for by other grants or scholarships, including any offsets or remissions to which the veteran is entitled under any other program.
(d) Grade point average. The department shall utilize the grade point average calculated and reported by the veteran's school.
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19. VA 4.01 (7) of the administrative code is amended to read:
VA 4.01 (7) "Dependent child" means any natural child, any legally adopted child, or any stepchild of a veteran as defined in s. 45.71 (16) (a) an "eligible person," as listed in s. 45.33 (1), Stats., who is at least 18 years of age and under the age of 26 if in full attendance at a recognized school of instruction or any age if incapable of self-support by reason of mental or physical disability.
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20. VA 4.01 (16) of the administrative code is amended to read:
VA 4.01 (16) "Veteran" means either a veteran as defined in s. 45.71 (16) (a) 45.01 (12), Stats., or a deceased veteran's unremarried surviving spouse or minor or dependent child who is a resident of and living in this state at the time of making application for a certificate of eligibility or a primary loan person who is eligible for a loan under s. 45.33, Stats.
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21. VA 4.08 (1) (c) of the administrative code is amended to read:
VA 4.08 (1) (c) If the applicant is a veteran who was a resident of the state of Wisconsin at the time of entry into military service or has been a resident of this state for any consecutive 5-year 12-month period after entry or reentry into service on active duty, the certificate of eligibility shall be issued for an indefinite period. If the applicant qualifies as a veteran by virtue of being the unremarried spouse of a deceased veteran, the certificate shall become null and void upon the remarriage of the applicant and shall so state upon its face.
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22. VA 4.09 (4) of the administrative code is amended to read:
VA 4.09 (4) Subordination agreement and partial release of mortgage. The department may execute a subordination agreement or release a portion of the property providing security for its mortgage if the mortgagor's equity in the property secured by the mortgage is verified by the department to be greater than 10%
15 percent after the execution of the subordination agreement or partial release, the applicant is current on the loan, the applicant meets current underwriting criteria, and the repayment history for the 6 months immediately preceding the request has been satisfactory on the loan.
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23. VA 4.14 (3) (c) 2. of the administrative code is amended to read:
VA 4.14 (3) (c) 2. A copy of the prior year's income tax returns except if the applicant's employer, type of employment or method of compensation has changed. Applicants verifying their income by the prior year's income tax returns shall submit a complete copy of the state and federal tax return including all schedules, W-2s, and attachments.
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24. VA 4.14 (3) (c) 6. of the administrative code is amended to read:
VA 4.14 (3) (c) 6. Depreciation as listed on an applicant's federal tax return may be used as income at the request of the applicant.
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25. VA 5.03 (intro.) of the administrative code is amended to read:
