AB40: Bill Text

AB40,468,6 45.03 (5) (c) 1. a. Without limitation by reason of any other provisions of the statutes except s. ss. 13.48 (14) (am) and 16.848 (1), unless otherwise required by law, the power to sell and to convey title in fee simple to a nonprofit corporation any land and any existing buildings owned by the state that are under the jurisdiction of the department for the consideration and upon the terms and conditions as in the judgment of the board are in the public interest.

AB40,767 Section 767. 45.04 (1) (a) of the statutes is amended to read:

AB40,468,14 45.04 (1) (a) "Duly authorized representative" means any person authorized in writing by the veteran to act for the veteran, the veteran's guardian if the veteran is adjudicated incompetent, or a legal representative if the veteran is deceased. Where for proper reason no representative If no person is so authorized and no guardian or legal representative has been or will be appointed, the veteran's spouse, an adult child of the veteran, or, if the veteran is unmarried, either a parent or adult sibling of the veteran shall be recognized as the duly authorized representative.

AB40,768 Section 768. 45.20 (1) (d) of the statutes is amended to read:

AB40,468,21 45.20 (1) (d) "Tuition," when referring to the University of Wisconsin System, means academic fees and segregated fees; when referring to the technical colleges, means "program fees" and "additional fees" as described in s. 38.24 (1m) and (1s); and when referring to a high school, a school that is approved under s. 45.03 (11), or a proprietary school that is approved under s. 38.50 440.55, means the charge for the courses for which a person is enrolled.

AB40,769 Section 769. 45.20 (2) (a) 1. of the statutes is amended to read:

AB40,469,4 45.20 (2) (a) 1. The department shall administer a tuition reimbursement program for eligible veterans enrolling as undergraduates in any institution of higher education in this state, enrolling in a school that is approved under s. 45.03 (11), enrolling in a proprietary school that is approved under s. 38.50 440.55, enrolling in a public or private high school, enrolling in a tribal school, as defined in s. 115.001 (15m), in any grade from 9 to 12, or receiving a waiver of nonresident tuition under s. 39.47.

AB40,770 Section 770. 45.20 (2) (a) 2. (intro.) of the statutes is amended to read:

AB40,469,11 45.20 (2) (a) 2. (intro.) A veteran who is a resident of this state and otherwise qualified to receive benefits under this subsection may receive the benefits under this subsection 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. 45.03 (11), or from a proprietary school that is approved under s. 38.50 440.55, if any of the following applies:

AB40,771 Section 771. 45.20 (2) (c) 1. of the statutes is amended to read:

AB40,469,25 45.20 (2) (c) 1. A veteran who meets the eligibility requirements under par. (b) 1. may be reimbursed upon satisfactory completion of an undergraduate semester in any institution of higher education in this state, or upon satisfactory completion of a course at any school that is approved under s. 45.03 (11), any proprietary school that is approved under s. 38.50 440.55, any public or private high school, any tribal school, as defined in s. 115.001 (15m), that operates any grade from 9 to 12, or any institution from which the veteran receives a waiver of nonresident tuition under s. 39.47. Except as provided in par. (e), the amount of reimbursement may not exceed the total cost of the veteran's tuition minus any grants or scholarships that the veteran receives specifically for the payment of the tuition, or, if the tuition is for an undergraduate semester in any institution of higher education, the standard cost of tuition for a state resident for an equivalent undergraduate semester at the University of Wisconsin-Madison, whichever is less.

AB40,772 Section 772. 45.20 (2) (d) 1. (intro.) of the statutes is amended to read:

AB40,470,8 45.20 (2) (d) 1. (intro.) Subject to subd. 1m., a veteran's eligibility for reimbursement under this subsection at any institution of higher education in this state, at a school that is approved under s. 45.03 (11), at a proprietary school that is approved under s. 38.50 440.55, at a public or private high school, at a tribal school, as defined in s. 115.001 (15m), that operates any grade from 9 to 12, or at an institution where he or she is receiving a waiver of nonresident tuition under s. 39.47 is limited to the following:

AB40,773 Section 773. 45.205 of the statutes is created to read:

AB40,470,11 45.205 Tuition reimbursement for students at tribal colleges. (1) Definitions. In this section:

AB40,470,12 (a) "Tribal college" means any of the following:

AB40,470,13 1. The College of Menominee Nation.

AB40,470,14 2. Lac Courte Oreilles Ojibwa Community College.

AB40,470,17 (b) "Tuition" means the amount charged to a student to enroll in a degree credit course. "Tuition" does not include fees or the cost of room and board, books, supplies, or equipment.

AB40,470,22 (2) Tuition reimbursement program. (a) Application. Any veteran enrolled in a tribal college may apply to the department for tuition reimbursement under this subsection on a form prescribed by the department. The application shall contain information, as determined by the department, establishing the applicant's eligibility for tuition reimbursement under this subsection.

AB40,470,24 (b) Eligibility. A veteran is eligible for tuition reimbursement under this subsection if he or she meets all of the following conditions:

AB40,471,2 1. The veteran is enrolled as a member of a federally recognized American Indian tribe or band in this state.

AB40,471,4 2. The veteran's annual household income does not exceed $50,000 plus $1,000 for each dependent in excess of 2 dependents.

AB40,471,6 3. The veteran is a resident of this state at the time of application under par. (a).

AB40,471,13 4. The veteran was a resident of this state at the time of his or her entry into service or was a resident of this state for any consecutive 12-month period after entry into service and before the date of application under par. (a). If a veteran who submits an application under par. (a) meets that consecutive 12-month residency requirement, the department may not require the veteran to reestablish that he or she meets that residency requirement when he or she later applies for any other benefit under this chapter for which that residency requirement applies.

AB40,471,15 5. The veteran does not have a bachelor's or higher degree from an institution of higher education, as defined in 20 USC 1001 (a).

AB40,471,20 (c) Benefits. 1. Subject to the limitations under par. (d), if a veteran submits an application under par. (a) and establishes his or her eligibility for tuition reimbursement under par. (b), the department shall reimburse the veteran for the total amount of his or her tribal college tuition from the appropriation under s. 20.485 (2) (km).

AB40,471,25 2. If in any fiscal year the total amount of reimbursement payments to be paid under subd. 1. exceeds the moneys available for the payments from the appropriation under s. 20.485 (2) (km), the department shall prorate the available moneys among the applicants for reimbursement in proportion to the approved reimbursement amounts.

AB40,472,3 (d) Limitations. 1. The department may not reimburse a veteran under this subsection for more than the following number of credits or semesters at a tribal college:

AB40,472,5 a. If the veteran served on active duty, except service on active duty for training purposes, for 90 to 180 days, 30 credits or 2 semesters.

AB40,472,7 b. If the veteran served on active duty, except service on active duty for training purposes, for 181 to 730 days, 60 credits or 4 semesters.

AB40,472,11 c. If the veteran served on active duty, except service on active duty for training purposes, for more than 730 days, 120 credits or 8 semesters, except that, for courses a veteran begins later than 10 years after the veteran's separation from service, the department may not reimburse a veteran for more than 60 credits or 4 semesters.

AB40,472,16 3. The department may not provide reimbursement under this subsection to a veteran who is delinquent in child support or maintenance payments or who owes past support, medical expenses, or birth expenses, as established by appearance of the veteran's name on the statewide support lien docket under s. 49.854 (2) (b), unless the veteran provides the department with one of the following:

AB40,472,20 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 under par. (a).

AB40,472,24 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 children and families or its designee within 7 working days before the date of the application under par. (a).

AB40,473,3 4. The department may not provide reimbursement under this subsection for any semester in which the veteran is eligible for or received a grant under s. 321.40 or under 10 USC 2007.

AB40,473,5 5. The department may not provide reimbursement under this subsection for any semester for which the veteran received reimbursement under s. 45.20.

AB40,473,8 6. The department may not provide 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."

AB40,473,11 7. The department shall reduce the reimbursement amount under par. (c) by the amount of any grant or scholarship the veteran receives specifically for the payment of college tuition.

AB40,473,12 (3) Rules. The department shall promulgate rules to implement this section.

AB40,774 Section 774. 45.21 (2) (a) of the statutes is amended to read:

AB40,473,18 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. 38.50 440.55, 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.

AB40,775 Section 775. 45.41 (2) (a) of the statutes is amended to read:

AB40,473,22 45.41 (2) (a) If the total amount paid under sub. (3) is from $1 to $2,499 $119,999, the organization shall receive an amount equal to 50 percent of the amount paid.

AB40,776 Section 776. 45.41 (2) (b) of the statutes is repealed.

AB40,777 Section 777. 45.41 (2) (c) of the statutes is repealed.

AB40,778 Section 778. 45.41 (2) (d) of the statutes is amended to read:

AB40,474,2 45.41 (2) (d) If the total amount paid under sub. (3) is $120,000 or more, the organization shall receive $30,000 $70,000.

AB40,779 Section 779. 45.41 (2) (e) of the statutes is created to read:

AB40,474,8 45.41 (2) (e) An organization that receives a payment under par. (a) or (d) shall maintain records as required by the department concerning the organization's expenditure of the payment. That organization shall give the department access to those records upon request of the department, and the department may audit those records.

AB40,780 Section 780. 45.41 (3m) of the statutes is amended to read:

AB40,474,14 45.41 (3m) If the total amount of payments required to be paid under sub. (2) (a) to (c) and (d) exceeds the amount available for the payments from the appropriation under s. 20.485 (2) (vw), the department shall prorate the reimbursement payments among the state veterans organizations receiving the payments.

AB40,781 Section 781. 45.41 (4) of the statutes is renumbered 45.41 (4) (a) and amended to read:

AB40,474,20 45.41 (4) (a) From the appropriation under s. 20.485 (2) (s), the department shall annually provide a payment of $100,000 $120,000 to the Wisconsin department of the Disabled American Veterans for the provision of transportation services to veterans.

AB40,782 Section 782. 45.41 (4) (b) of the statutes is created to read:

AB40,475,3 45.41 (4) (b) The Wisconsin department of the Disabled American Veterans shall maintain records as required by the department concerning its expenditure of the payment under par. (a). The Wisconsin department of the Disabled American Veterans shall give the department access to those records upon request of the department and the department may audit those records to ensure that the Wisconsin department of the Disabled American Veterans is using the payment under par. (a) to provide transportation services to veterans.

AB40,783 Section 783. 45.41 (5) of the statutes is created to read:

AB40,475,7 45.41 (5) From the appropriation under s. 20.485 (2) (vw), the department may annually grant up to $50,000 to the Wisconsin department of the American Legion for the operation of Camp American Legion.

AB40,784 Section 784. 45.43 (1) of the statutes is amended to read:

AB40,475,23 45.43 (1) The department shall administer a program to provide assistance to persons who served in the U.S. armed forces or in forces incorporated as part of the U.S. armed forces and who were discharged under conditions other than dishonorable. The department shall provide assistance under this section to persons whose need for services is based upon homelessness, incarceration, or other circumstances designated by the department by rule. The eligibility requirements under s. 45.02 (2) do not apply to a person applying for assistance under this section. The department shall designate the assistance available under this section, which may include assistance in receiving medical care, dental care, education, employment, single room occupancy housing, and transitional housing. The department may provide payments to facilitate the provision of services under this section. From the appropriation under s. 20.485 (2) (ac), the department shall provide $15,000 annually during fiscal years 2007-08 and 2008-09 to the Center for Veterans Issues, Ltd., of Milwaukee, to provide outreach services to homeless veterans with post-traumatic stress disorder.

AB40,785 Section 785. 45.43 (3) of the statutes is repealed.

AB40,786 Section 786. 45.44 (1) (a) 5. of the statutes is amended to read:

AB40,476,3 45.44 (1) (a) 5. A license, certification, registration, or permit issued under s. 94.10 (2), (3), or (3g), 94.50 (2), 94.704, 95.60, 97.17 (2), 97.175 (2), 97.22 (2), 98.145, 98.146, or 98.18 (1) (a), or 168.23 (3).

AB40,787 Section 787. 45.44 (1) (a) 11m. of the statutes is created to read:

AB40,476,5 45.44 (1) (a) 11m. A registration issued under s. 202.13 or 202.14.

AB40,788 Section 788. 45.45 of the statutes is created to read:

AB40,476,9 45.45 Grant to VETransfer, Inc. (1) Payment. From the appropriation under s. 20.485 (2) (vm), the department shall pay $500,000 to VETransfer, Inc., in fiscal year 2013-14, subject to the requirements under subs. (2) to (5).

AB40,476,15 (2) Grants to veteran-owned start-up businesses. Of the moneys VETransfer, Inc., receives under sub. (1), VETransfer, Inc., shall grant at least $300,000 to veterans who are residents of this state or to businesses owned by veterans who are residents of this state. A veteran or a veteran's business that is awarded a grant under this subsection may use the grant only to pay for costs associated with the start-up of a business located in this state that the veteran owns.

AB40,476,19 (3) Veteran entrepreneurship training. Of the moneys VETransfer, Inc., receives under sub. (1), VETransfer, Inc., may use up to $200,000 to provide entrepreneurial training and related services to veterans who are residents of this state.

AB40,476,23 (4) Reporting and audit requirements. (a) Annually, by March 1, until 2018 or one year following the date established by the department under sub. (5) (a), VETransfer, Inc., shall submit to the secretary, the governor, and the secretary of administration a report that includes all of the following:

AB40,476,24 (a) The most recent financial statement for VETransfer, Inc.

AB40,477,2 (b) A detailed description of the criteria VETransfer, Inc., used to determine who received a grant under sub. (2) during the previous year.

AB40,477,9 (c) A verified statement describing in detail the grants VETransfer, Inc., made under sub. (2), and the expenditures VETransfer, Inc., made under sub. (3), during the previous year, signed by an independent certified public accountant and the director or principal officer of VETransfer, Inc., to attest to the accuracy of the verified statement. The verified statement shall include all of the following concerning each award of a grant VETransfer, Inc., made under sub. (2) during the previous year:

AB40,477,11 1. The name and address of the grant recipient and the name and address of the start-up business.

AB40,477,16 2. The names and addresses of all of the start-up business's owners, including an identification of the business's owners who are veterans, and, if the grant recipient was a business other than the start-up business, the names and addresses of the grant recipient's owners, including an identification of the business's owners who are veterans.

AB40,477,20 3. The names and addresses of the start-up business's board of directors and key management employees and, if the grant recipient was a business other than the start-up business, the names and addresses of the grant recipient's board of directors and key management employees.

AB40,477,21 4. A description of the nature of the start-up business.

AB40,477,23 5. Any information the grant recipient submitted to VETransfer, Inc., to apply for the grant.

AB40,477,24 6. The amount of the grant and the date VETransfer, Inc., awarded the grant.

AB40,478,3 7. A statement of the number of employees the start-up business employed on January 1 of the previous year and the number of employees the start-up business employed on December 31 of the previous year.

AB40,478,5 (d) A summary of all investments and grants of any kind that VETransfer, Inc., made during the previous year.

AB40,478,10 (e) VETransfer, Inc., shall maintain records, as required by the department, concerning its expenditures of the moneys it receives under sub. (1). VETransfer, Inc., shall give the department access to those records upon request of the department, and the department may audit those records to ensure compliance with the requirements under this section.

AB40,478,13 (5) Sunset. (a) Except as provided under par. (b), VETransfer, Inc., may not expend any moneys it receives under sub. (1) after June 30, 2017, or a later date established by the department.

AB40,478,16 (b) VETransfer, Inc., shall pay to the secretary of administration for deposit in the general fund any moneys it receives under sub. (1) but does not expend by June 30, 2017, or by a later date established by the department under par. (a).

AB40,789 Section 789. 45.50 (2m) (e) of the statutes is amended to read:

AB40,478,23 45.50 (2m) (e) All moneys received as reimbursement for services to veterans homes employees or as payment for meals served to guests at veterans homes shall be accumulated in an account named "employee maintenance credits" and shall be paid into the general fund within one week after receipt and credited to the appropriation account under s. 20.485 (1) (gk) (r). This paragraph does not apply to any agreement entered into pursuant to par. (c).

AB40,790 Section 790. 45.50 (11) of the statutes is created to read:

AB40,479,3 45.50 (11) Medical assistance assessment exemption. A Wisconsin veterans home is exempt from paying any assessment imposed on the licensed beds in the home under s. 50.14 (2) (am).

AB40,791 Section 791. 45.51 (2) (b) 1. of the statutes is repealed.