LRB-3955/2
MPG/MGG/RPN:wlj:rs
2013 - 2014 LEGISLATURE
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
1An Act relating to: powers and duties of the board of veterans affairs;
2reimbursement of veterans' tuition at tribal colleges; documentation for
3eligibility to veterans homes; operation of veterans homes; eligibility and
4procedural requirements for veterans home loans, veterans personal loans,
5county veterans service grants, and American Indian veterans grants; and
6funeral 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
1Section
1. Chapter VA 2 (title) of the administrative code is amended to read:
AB734,3,102
Chapter VA 2
3
EMERGENCY, CORRESPONDENCE, AND
4
PART-TIME STUDY, RETRAINING AND
5
TUITION AND FEE REIMBURSEMENT6
GRANTS
TO NEEDY VETERANS,
7
VETERANS TUITION REIMBURSEMENT
8
AND RETRAINING GRANTS, AND
9
REIMBURSEMENT OF VETERANS FOR
10
TRIBAL COLLEGE TUITION
AB734,2
11Section
2. VA 1.11 (intro.) of the administrative code is amended to read:
AB734,3,1512
VA 1.11 (intro.) The administrative and executive duties of the department
13shall be vested in the secretary to be administered under the rules and regulations
14of the department
and subject to and in accordance with the policies established by
15the board. The secretary shall:
AB734,3
16Section
3. VA 1.11 (2) of the administrative code is amended to read:
AB734,4,3
1VA 1.11
(2) Administer and supervise all programs of the department
, and shall
2serve as an ex-officio member of all advisory, standing and special committees
3appointed by the board, unless specifically exempted.
AB734,4
4Section
4. VA 1.11 (11) of the administrative code is amended to read:
AB734,4,75
VA 1.11
(11) Present to the legislature all proposed legislation
recommended
6by the board and shall make such reports to and appearances before the legislature
7on such other matters as it may request.
AB734,5
8Section
5. VA 1.11 (13) of the administrative code is repealed.
AB734,6
9Section
6. VA 1.11 (15) of the administrative code is amended to read:
AB734,4,1310
VA 1.11
(15) Make and establish rules and regulations necessary to carry out
11the statutes pursuant to the policies established by the
board department, and make
12such publication and distribution of these rules and regulations as the secretary may
13deem necessary.
AB734,7
14Section
7. VA 1.11 (18) of the administrative code is repealed.
AB734,8
15Section
8. VA 1.18 of the administrative code is amended to read:
AB734,4,22
16VA 1.18 Trust fund stabilization loans. The department may execute a
17subordination agreement or release a portion of the property providing security for
18its mortgage on a loan under s. 45.356, 1995 Stats., if the mortgagor's equity in the
19property secured by the mortgage is greater than
10%
15 percent of the property's
20value after the execution of the subordination agreement or partial release, the
21applicant is current on the loan and the repayment history for the 6 months
22immediately preceding the request has been satisfactory.
AB734,9
23Section
9. VA 2.01 (2) (b) 1. of the administrative code is amended to read:
AB734,5,2224
VA 2.01
(2) (b) 1. `All applicants.' Except for applicants who are eligible under
25subd. 3., the applicant's income shall not exceed
130%
180 percent of the federal
1poverty guidelines, in effect on the date the application arrives at the department's
2central office, for the number of family members living in the primary residence. An
3applicant may apply for subsistence aid, health care aid, or both. Applications
4approved by the department shall have the balance of the maximum available aid
5allocated towards each type of aid requested, unless the applicant indicates a lesser
6amount in writing. Applications shall be denied if no unallocated funds are available
7at the time of application. The department shall indicate on each description of
8benefits the type of health care or subsistence aid authorized, the date the
9department confirmed that the applicant was eligible for the grant, a date 90
10calendar days from that date, the unallocated amount available for each type of aid
11and for the cumulative limits of this section, and the amount of aid being authorized.
12No more than one description of benefits may be outstanding at any time, except
13where all health care providers have submitted binding quotes prior to the issuance
14of more than one description of benefits, and are willing to accept payment from this
15program in full for any service rendered to the applicant in accordance with the
16description of benefits. The department shall pay the lesser of the actual cost of
17services invoiced or the binding quote submitted by the health care provider. No
18payment shall be made by the department unless an itemized written invoice is
19received by the department within
30 60 days of the expiration date, or any approved
20extension of that expiration date, as identified in the applicable description of
21benefits. Authorized applications for health care aid may not be withdrawn without
22the agreement of the provider of the health care aid.
AB734,10
23Section
10. VA 2.01 (3) (b) of the administrative code is amended to read:
AB734,6,1724
VA 2.01
(3) (b)
Subsistence aid. Subsistence aid is available for the
90 day 2590-day period following the date of the verified loss of income due to illness, injury
,
1or a natural disaster. Applications may be made for any
30 day 30-day period within
2the
90 120 days following the date of the verified loss of income. No more than
three
330 day 3 30-day periods of subsistence aid may be granted for any verified loss of
4income due to illness, injury
, or natural disaster.
No subsistence aid will be granted
5for any period prior to the date the application for subsistence aid is received. 6Subsistence aid shall be limited to the difference between the amount of earned and
7unearned income available before the loss of income and the earned and unearned
8income being received after the loss of income, subject to the limitations under s.
945.40 (1m) (b) and (3), Stats. The applicant shall verify the loss of income by
10submitting verification of income forms, certified public accounting statements
, or
11any other evidence
as the department deems credible. Illness or injury
must shall 12be verified in writing on a form approved by the department. When the department
13has evidence that the incapacitation will cause an income loss for 90 days or longer,
14subsistence grants will be prorated for each of the
30 day 30-day periods unless the
15department determines that an alternate distribution of the grant would benefit the
16applicant. If the loss of income is the result of alcohol or other drug abuse, the
17applicant shall verify current participation in an approved treatment program.
AB734,11
18Section
11. VA 2.02 (3) (b) of the administrative code is repealed.
AB734,12
19Section
12. VA 2.03 (1) (b) of the administrative code is amended to read:
