Amendment SSA1-SB55

SB55-SSA1, s. 1448 Section 1448. 45.35 (2) of the statutes is renumbered 45.012 and amended to read:

SB55-SSA1,549,4 45.012 Definition. In this chapter subchapter, "board" means the board of veterans affairs.

SB55-SSA1, s. 1449 Section 1449. 45.35 (2g) of the statutes is created to read:

SB55-SSA1,549,7 45.35 (2g) Definition. In this section, "department" means the department of veterans affairs.

SB55-SSA1, s. 1450 Section 1450. 45.35 (3d) (a) of the statutes is amended to read:

SB55-SSA1,549,11 45.35 (3d) (a) The council on veterans programs created under s. 15.497 shall advise the board of veterans affairs and the department of veterans affairs on solutions and policy alternatives relating to the problems of veterans.

SB55-SSA1, s. 1451 Section 1451. 45.35 (3d) (b) of the statutes is amended to read:

SB55-SSA1,549,19 45.35 (3d) (b) The council on veterans programs and the department of veterans affairs, jointly or separately, shall submit a report regarding the council on veterans programs to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2) by November 1, 1989, and by September 30 of every odd-numbered year thereafter. The report shall include a general summary of the activities and membership over the past 2 years of the council and each organization on the council.

SB55-SSA1, s. 1451m Section 1451m. 45.35 (4) of the statutes is renumbered 45.35 (4) (a) and amended to read:

SB55-SSA1,550,2 45.35 (4) (a) The Except as provided in pars. (b) to (d), the secretary shall appoint under the classified service such persons as are necessary to carry out the policy of the board and for the proper conduct of the Wisconsin veterans museum. All persons appointed by the department shall, if possible, be veterans as defined in sub. (5) and preference shall be given to disabled veterans.

SB55-SSA1, s. 1451n Section 1451n. 45.35 (4) (b) of the statutes is created to read:

SB55-SSA1,550,9 45.35 (4) (b) The department shall employ not more than 5 regional coordinators. The duties of a regional coordinator shall include providing claims and benefit application assistance to veterans. The regional coordinators shall coordinate claims and benefit application assistance with the appropriate county veterans' service officers under s. 45.43 to maximize the level of assistance and benefits provided to veterans.

SB55-SSA1, s. 1451p Section 1451p. 45.35 (4) (c) of the statutes is created to read:

SB55-SSA1,550,13 45.35 (4) (c) The department shall employ no more than 7 claims officers. The claims officers shall provide federal claims and benefit assistance to veterans and shall be based in the department's regional office in Milwaukee County.

SB55-SSA1, s. 1451r Section 1451r. 45.35 (4) (d) of the statutes is created to read:

SB55-SSA1,550,21 45.35 (4) (d) The department shall employ no more than 2 mobile claims officers in the department's southeast region and shall employ no more than one mobile claims officer in each of the department's other 3 regions. The mobile claims officers shall provide claim and benefit assistance to veterans. The mobile claims officers shall coordinate that claim and benefit assistance with the appropriate county veterans' service officers under s. 45.43 to maximize the level of assistance and benefits provided to veterans.

SB55-SSA1, s. 1452 Section 1452. 45.35 (5) (a) 2. c. of the statutes is amended to read:

SB55-SSA1,551,4 45.35 (5) (a) 2. c. Has been a resident of this state for any consecutive 5-year 12-month period after entry or reentry 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 that 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 that residency.

SB55-SSA1, s. 1453 Section 1453. 45.35 (5) (e) 8. of the statutes is amended to read:

SB55-SSA1,551,8 45.35 (5) (e) 8. Persian Gulf war: Between August 1, 1990, and the ending date of Operation Desert Shield or the ending date of Operation Desert Storm as established by the department of veterans affairs by rule.

SB55-SSA1, s. 1454 Section 1454. 45.351 (1) of the statutes is amended to read:

SB55-SSA1,552,9 45.351 (1) Subsistence grants. The department may grant subsistence aid to any incapacitated individual who is a veteran or to any a dependent of a veteran in an amount that the department determines is advisable to prevent want or distress. The department may grant subsistence aid under this subsection to an individual whose incapacitation is the result of the individual's abuse of alcohol or other drugs if the individual is participating in an alcohol and other drug abuse treatment program that is approved by the department. The department may grant subsistence aid on a month-to-month basis or for a 3-month period. The department may grant subsistence aid for a 3-month period if the veteran or dependent whose incapacity is the basis for the aid 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. Subsistence aid is limited to a maximum of 3 months in a 12-month period unless the department determines that the need for subsistence aid in excess of this maximum time period is caused by the aid recipient's relapse. 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) for subsistence grants to veterans. If the cochairpersons of the committee do not notify the secretary of the department within 14 working days after the date of the department's submittal that the committee intends to schedule a meeting to review the request, the appropriation account shall be supplemented as provided in the request. If, within 14 working days after the date of the department's submittal, the cochairpersons of the committee notify the secretary of the department that the committee intends to schedule a meeting to review the request, the appropriation account shall be supplemented only as approved by the committee.

SB55-SSA1, s. 1457 Section 1457. 45.353 (2) of the statutes is amended to read:

SB55-SSA1,552,20 45.353 (2) Upon application the department shall make a payment to any state veterans organization that establishes that it, or its national organization, or both, has maintained a full-time service office at the regional office for at least 5 of the 10 years preceding the date of application. The payment shall equal 25% of all salaries and travel expenses under sub. (3) paid during the previous fiscal year by the state veterans organization to employees engaged in veterans claims service and stationed at the regional office, except that the sum paid to a state veterans organization annually shall not be less than either $2,500, or the amount of salaries and travel expenses paid by the state veterans organization to employees stationed at the regional office, whichever is less, nor more than $20,000 $30,000.

SB55-SSA1, s. 1458 Section 1458. 45.353 (3m) of the statutes is created to read:

SB55-SSA1,552,24 45.353 (3m) From the appropriation under s. 20.485 (2) (s), the department shall annually provide a grant of $100,000 to the Wisconsin department of the Disabled American Veterans for the provision of transportation services to veterans.

SB55-SSA1, s. 1458m Section 1458m. 45.353 (3r) of the statutes is created to read:

SB55-SSA1,553,5 45.353 (3r) From the appropriation under s. 20.485 (2) (vw) the department, annually, shall award a grant of $12,500 to the Wisconsin chapter of Vietnam Veterans of America, Inc., to reimburse the costs of training individuals to represent veterans in federal benefits disputes. No grant awarded under this subsection may be counted toward the payment limits under sub. (2).

SB55-SSA1, s. 1462 Section 1462. 45.37 (3) of the statutes is amended to read:

SB55-SSA1,553,16 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.

SB55-SSA1, s. 1463 Section 1463. 45.37 (6) (f) of the statutes is amended to read:

SB55-SSA1,553,19 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.

SB55-SSA1, s. 1464 Section 1464. 45.37 (7) (b) of the statutes is amended to read:

SB55-SSA1,553,22 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

SB55-SSA1, s. 1465 Section 1465. 45.396 (1) (a) of the statutes is amended to read:

SB55-SSA1,553,25 45.396 (1) (a) "Institution of higher education" has the meaning given in 20 USC 1088 (a) 20 USC 1001 (a).

SB55-SSA1, s. 1466 Section 1466. 45.396 (2) of the statutes is amended to read:

SB55-SSA1,554,16 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).

SB55-SSA1, s. 1467 Section 1467. 45.396 (3) (intro.) of the statutes is amended to read:

SB55-SSA1,554,23 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:

SB55-SSA1, s. 1468 Section 1468. 45.396 (5) of the statutes is amended to read:

SB55-SSA1,555,6 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.

SB55-SSA1, s. 1470 Section 1470. 45.397 (1) of the statutes is amended to read:

SB55-SSA1,555,15 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.

SB55-SSA1, s. 1470m Section 1470m. 45.43 (7) (title) of the statutes is amended to read:

SB55-SSA1,555,17 45.43 (7) (title) Grants to counties for improvement of services.

SB55-SSA1, s. 1470p Section 1470p. 45.43 (7m) of the statutes is created to read:

SB55-SSA1,555,24 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 served by transportation services provided by the Wisconsin department of Disabled American Veterans to develop, maintain, and expand transportation services for disabled veterans. No grant awarded under this paragraph may exceed $1,000.

SB55-SSA1,556,5 (b) 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.

SB55-SSA1,556,7 (c) The department shall promulgate rules specifying the application procedures and eligibility criteria for grants under this subsection.

SB55-SSA1,556,10 (d) 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.

SB55-SSA1, s. 1471 Section 1471. 45.54 (2) of the statutes is amended to read:

SB55-SSA1,556,20 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.

SB55-SSA1, s. 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:

SB55-SSA1,557,3 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.

SB55-SSA1, s. 1473 Section 1473. 45.71 (16) (a) 2m. a. of the statutes is amended to read:

SB55-SSA1,557,11 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.

SB55-SSA1, s. 1474 Section 1474. 45.76 (1) (c) of the statutes is amended to read:

SB55-SSA1,557,16 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.

SB55-SSA1, s. 1475 Section 1475. 45.79 (3) (b) of the statutes is amended to read:

SB55-SSA1,557,21 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.

SB55-SSA1, s. 1476 Section 1476. 45.79 (5) (a) 6. of the statutes is amended to read:

SB55-SSA1,558,13 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.

SB55-SSA1, s. 1477 Section 1477. 45.79 (5) (a) 10. of the statutes is created to read:

SB55-SSA1,558,17 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.

SB55-SSA1, s. 1478 Section 1478. 45.79 (5) (b) of the statutes is amended to read:

SB55-SSA1,559,2 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.

SB55-SSA1, s. 1479 Section 1479. 45.79 (7) (a) (intro.) of the statutes is amended to read:

SB55-SSA1,559,17 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:

SB55-SSA1, s. 1480 Section 1480. 45.79 (7) (a) 4. of the statutes is amended to read:

SB55-SSA1,559,22 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).

SB55-SSA1, s. 1481 Section 1481. 45.79 (7) (a) 10. of the statutes is created to read:

SB55-SSA1,560,3 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).

SB55-SSA1, s. 1482 Section 1482. 45.79 (7) (a) 11. of the statutes is created to read:

SB55-SSA1,560,6 45.79 (7) (a) 11. To make payments required of the department under sub. (5) (a) 6.

SB55-SSA1, s. 1483 Section 1483. 46.03 (34) of the statutes is amended to read:

SB55-SSA1,560,13 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).

SB55-SSA1, s. 1483g Section 1483g. 46.03 (43) of the statutes is repealed.

SB55-SSA1, s. 1484m Section 1484m. 46.034 (3) of the statutes is amended to read:

SB55-SSA1,561,13 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.

SB55-SSA1, s. 1485 Section 1485. 46.036 (5m) (a) 1. of the statutes is amended to read:

SB55-SSA1,561,20 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.

SB55-SSA1, s. 1486 Section 1486. 46.036 (5m) (b) 1. of the statutes is amended to read:

SB55-SSA1,562,5 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.

SB55-SSA1, s. 1487 Section 1487. 46.036 (5m) (b) 2. of the statutes is amended to read:

SB55-SSA1,562,19 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.

SB55-SSA1, s. 1488 Section 1488. 46.036 (5m) (e) of the statutes is amended to read:

SB55-SSA1,563,7 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.

SB55-SSA1, s. 1489 Section 1489. 46.036 (5m) (em) of the statutes is created to read: