AB734: Bill Text

February 6, 2014 - Introduced by Representatives Petryk, Ringhand, LeMahieu, Weatherston, Krug, Skowronski, Kolste, Czaja, Sinicki, Pridemore, A. Ott, Endsley, Spiros, Smith, Wright, Brooks and Bies, cosponsored by Senators Petrowski and Lehman. Referred to Committee on Veterans.

AB734,1,6 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.

Analysis by the Legislative Reference Bureau

This bill makes a number of changes to the rules promulgated by the Department of Veterans Affairs (DVA), including the following:

1. The bill eliminates references to the duties and powers of the Board of Veterans Affairs (board) so that the rules relating to the duties and powers of the board conform with the statutes. 2011 Wisconsin Act 36 transferred some of the board's powers and duties to the secretary of veterans affairs.

2. The bill creates rules implementing a veterans tribal college tuition reimbursement program created in 2013 Wisconsin Act 20.

3. The bill changes certain eligibility requirements for subsistence payments to needy veterans, including changing the income eligibility level from 130 to 180 percent of the federal poverty level.

4. The bill makes changes in the code relating to the eligibility for surviving parents' children who died while in service so that the code conforms with the current statutes.

5. The bill specifies that DVA is the payer of last resort for the costs of providing medical and nursing care and other types of care to persons residing in veterans homes when the costs are not paid for by the entity that operates the home or by third parties.

6. The bill changes the types of information and documentation that must accompany an application to be admitted to veterans homes.

7. The bill changes references to veterans homes in the rules from referencing a single home to referencing multiple homes. The current rules were written when there was only one veterans home in the state.

8. The bill increases the current minimum equity a veteran must have in a property secured by a veterans home loan to permit the release of a portion of the property providing security from 10 percent to 15 percent of the property's value.

9. The bill reduces the period that a veteran must be a resident of this state for purposes of receiving a certificate of eligibility for a loan under the veterans home loan program from five consecutive years to 12 consecutive months.

10. The bill requires an applicant for the loan under the veterans home improvement loan program to submit copies of W-2s and attachments to federal and state income tax returns, in addition to the currently required submission of the returns, including all schedules.

11. The bill changes the date on which an application for a county veterans' service grant is due from not later than six months after the start of the fiscal year to not later than May 15 of the calendar year for which the grant is claimed.

12. The bill removes the requirement that no changes could be made in the minimum budget and operating standards for the county veterans' service grant program without first being reviewed by the veterans' service officers' advisory council.

13. The bill changes the requirement that an applicant for a personal loan submit check stubs for a recent month within three months of the date of application to requiring the submittal of check stubs for a 30-day period within three months of the date of application.

14. The bill requires an applicant for the loan under the personal loan program to submit copies of W-2s and attachments to federal and state income tax returns, in addition to the currently required submission of those returns, if the applicant uses tax information to verify income.

15. The bill allows DVA to assess a fee to disinter an individual who is currently interred in a veterans cemetery, but limits the fee to the average cost to DVA of disinterring an individual.

16. The bill removes the assessment by DVA from a funeral director involved in the burial of a veteran for the average cost of providing a columbarium niche or an in-ground container for the interment of cremains.

17. The bill changes the date on which an application for an American Indian grant is due from not later than June 30 of each year to not later than May 15 of the calendar year for which the grant is claimed.

18. The bill removes the requirement that the governing body of an American Indian tribe or band employ a full-time veterans' service officer to be eligible for an American Indian grant.

19. The bill deletes the preference that military funeral honors be performed by a military funeral honors team.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB734,1 Section 1. Chapter VA 2 (title) of the administrative code is amended to read:

AB734,3,10 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

AB734,2 Section 2. VA 1.11 (intro.) of the administrative code is amended to read:

AB734,3,15 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:

AB734,3 Section 3. VA 1.11 (2) of the administrative code is amended to read:

AB734,4,3 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.

AB734,4 Section 4. VA 1.11 (11) of the administrative code is amended to read:

AB734,4,7 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.

AB734,5 Section 5. VA 1.11 (13) of the administrative code is repealed.

AB734,6 Section 6. VA 1.11 (15) of the administrative code is amended to read:

AB734,4,13 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.

AB734,7 Section 7. VA 1.11 (18) of the administrative code is repealed.

AB734,8 Section 8. VA 1.18 of the administrative code is amended to read:

AB734,4,22 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.

AB734,9 Section 9. VA 2.01 (2) (b) 1. of the administrative code is amended to read:

AB734,5,22 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.

AB734,10 Section 10. VA 2.01 (3) (b) of the administrative code is amended to read:

AB734,6,17 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.

AB734,11 Section 11. VA 2.02 (3) (b) of the administrative code is repealed.

AB734,12 Section 12. VA 2.03 (1) (b) of the administrative code is amended to read:

AB734,6,22 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.

AB734,13 Section 13. VA 2.03 (1) (c) of the administrative code is amended to read:

AB734,7,3 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.

AB734,14 Section 14. VA 2.03 (1) (d) of the administrative code is amended to read:

AB734,7,6 VA 2.03 (1) (d) "FAO" has the meaning specified in s. VA 9.01 (6) means a school's financial aids officer.

AB734,15 Section 15. VA 2.03 (1) (g) of the administrative code is amended to read:

AB734,7,18 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.

AB734,16 Section 16. VA 2.03 (1) (h) of the administrative code is amended to read:

AB734,7,23 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.

AB734,17 Section 17. VA 2.03 (2) (b) of the administrative code is amended to read:

AB734,8,14 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.

AB734,18 Section 18. VA 2.06 of the administrative code is created to read:

AB734,8,17 VA 2.06 Tribal college tuition reimbursement program. (1) Definitions. In this section:

AB734,8,18 (a) "Tuition" has the meaning given in s. 45.205 (1) (b), Stats.

AB734,8,19 (b) "Veteran" has the meaning given in s. 45.01 (12), Stats.

AB734,9,4 (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.

AB734,9,14 (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.

AB734,9,19 (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.

AB734,9,25 (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.

AB734,10,5 (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.

AB734,10,7 (d) Grade point average. The department shall utilize the grade point average calculated and reported by the veteran's school.

AB734,19 Section 19. VA 4.01 (7) of the administrative code is amended to read:

AB734,10,13 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.

AB734,20 Section 20. VA 4.01 (16) of the administrative code is amended to read:

AB734,10,19 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.

AB734,21 Section 21. VA 4.08 (1) (c) of the administrative code is amended to read:

AB734,11,2 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.

AB734,22 Section 22. VA 4.09 (4) of the administrative code is amended to read:

AB734,11,11 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.

AB734,23 Section 23. VA 4.14 (3) (c) 2. of the administrative code is amended to read:

AB734,11,17 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.

AB734,24 Section 24. VA 4.14 (3) (c) 6. of the administrative code is amended to read:

AB734,11,20 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.

AB734,25 Section 25. VA 5.03 (intro.) of the administrative code is amended to read:

AB734,11,24 VA 5.03 (intro.) The director under the direction of the secretary shall operate and conduct the Wisconsin veterans museum pursuant to Wisconsin Statutes and in accordance with the policies established by the board. The director shall:

AB734,26 Section 26. VA 5.03 (3) of the administrative code is amended to read:

AB734,12,7 VA 5.03 (3) Restore, preserve and safeguard all articles in the memorial collection. The director may not sell, mortgage, transfer or dispose of in any manner or remove from the museum, except for temporary purposes, any articles which are a part of the memorial collection, except that, upon the recommendation of the secretary and the approval of the board, any duplicate articles or articles outside the field of the memorial collection may be sold or exchanged for the purpose of procuring additional materials for display.

AB734,27 Section 27. VA 5.03 (11) of the administrative code is amended to read:

AB734,12,10 VA 5.03 (11) Prepare an annual report to the board on the operation of the museum and make such other reports as the secretary may require.

AB734,28 Section 28. Chapter VA 6 (title) of the administrative code is amended to read:

AB734,12,13 Chapter VA 6 WISCONSIN VETERANS HOME HOMES