AB706: Bill Text

LRB-4294/3

RPN:kmg:ch

1995 - 1996 LEGISLATURE

1995 Assembly BILL 706

November 29, 1995 - Introduced by Representatives Musser, Baldus, Albers, Boyle, Otte, Lorge, Goetsch, Zukowski, Turner, Plache, Ryba, Vrakas, Silbaugh, Dobyns, Grothman, Ourada, Riley, Vander Loop, Wirch, Kreuser and Powers, cosponsored by Senators Zien, Fitzgerald, Schultz, Rude, Breske, Andrea, Moen, Welch, Clausing, Buettner and Jauch. Referred to Committee on Veterans and Military Affairs.

AB706,1,9 An Act to repeal 45.358 (3) (d) and 45.76 (1) (c) 1. a. to d.; to renumber 45.35 (5) (a) to (h); to renumber and amend 45.35 (5) (intro.), 45.35 (5m), 45.71 (16) (a) 1. to 10. and 45.76 (1) (c) 1. (intro.); to consolidate, renumber and amend 45.71 (16) (intro.) and (a) (intro.); to amend 45.01, 45.35 (5) (title), 45.37 (1a), 45.37 (3) (b), 45.396 (5), 45.42 (1), 45.42 (2), 45.43 (1) (a), 45.43 (6) (b), 45.71 (16) (b) and (c), 45.73 (2), 45.74 (1) (intro.), 45.745 (1), 230.03 (14) (c) and 341.14 (6) (a); to repeal and recreate 45.358 (3) (c); and to create 45.35 (5) (a) 1. (intro.) and 2. (intro.), 45.35 (5m) (b) and 45.71 (16) (a) 1m. (intro.) and e. and 2m. (intro.) of the statutes; relating to: eligibility for veterans programs.

Analysis by the Legislative Reference Bureau

Under current law, a veteran must be a resident of this state for 10 years to obtain benefits if he or she was not a resident at the time of entry or reentry into the armed forces. The bill reduces that period to 5 years and, if a veteran meets that criteria, the veteran does not have to reestablish that he or she meets the durational residency requirement when applying for other veteran benefits.

Current law includes as the dependent of a veteran, for eligibility purposes, any child of any age in full attendance at a school. This bill limits those children to children under the age of 26. Current law limits the reimbursement for correspondence courses or part-time classroom study to the costs of tuition, fees and books totaling no more than $1,100. The bill permits a veteran to receive reimbursement, for correspondence courses or part-time classroom study, of a per-course amount not in excess of the average cost of a 3-credit course as a resident undergraduate at the University of Wisconsin-Madison campus. The reimbursement is further limited per year to 5 times that average cost.

The bill removes the specific prohibition against using mortgage loan proceeds for home improvements to construct a deck, patio, fireplace or fencing or to obtain landscaping or appliances.

Current law generally limits those who may be appointed as county veterans' service officers (CVSO) or assistants to those Wisconsin residents who served in certain specified war periods or crises for 90 days. This bill allows any Wisconsin resident who served in the U.S. armed forces for any period of time to be a CVSO.

For further information see the state and local 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:

AB706, s. 1 Section 1. 45.01 of the statutes is amended to read:

AB706,2,9 45.01 Wisconsin veterans museum; space for. The department of administration shall provide suitable space for the purpose of a memorial hall, designated as the Wisconsin veterans museum, dedicated to the men and women of Wisconsin who served in the armed forces of the United States in the civil war of 1861 to 1865 or in any subsequent wars, as enumerated in s. 45.35 (5) (a) to (g) (f), or in Grenada, Lebanon, Panama, Somalia or a Middle East crisis under s. 45.34, and the department of veterans affairs shall operate and conduct the Wisconsin veterans museum.

AB706, s. 2 Section 2. 45.35 (5) (title) of the statutes is amended to read:

AB706,2,11 45.35 (5) (title) Veteran defined; benefit.

AB706, s. 3 Section 3. 45.35 (5) (intro.) of the statutes is renumbered 45.35 (5) (a) (intro.) and amended to read:

AB706,3,2 45.35 (5) (a) (intro.) "Veteran" as used in this chapter, except in s. 45.37 and unless otherwise modified, means any person who has served on active duty under honorable conditions in the U.S. armed forces or in forces incorporated as part of the U.S. armed forces, except service on active duty for training purposes, and who meets the following conditions:

AB706,3,4 1. a. Has served in Grenada, Lebanon, Panama, Somalia or a Middle East crisis under s. 45.34 or whose service.

AB706,3,8 b. Was entitled the veteran to receive the armed forces expeditionary medal, established by executive order 10977 on December 4, 1961, the Vietnam service medal established by executive order 11231 on July 8, 1965, the navy expeditionary medal or the marine corps expeditionary medal or any person who served.

AB706,3,14 c. Has served for 90 days or more during a war period as enumerated under pars. (a) to (h) par. (f) or under section 1 of executive order 10957 dated August 10, 1961, or if having served less than 90 days was honorably discharged for a service-connected disability or for a disability subsequently adjudicated to have been service connected or died in service, who is either a resident of and living in this state at the time of making application or is deceased, and whose.

AB706,3,18 2. a. His or her selective service local board, if any, and home of record at time of entry or reentry into active service as shown on the veteran's report of separation from the U.S. armed forces for a qualifying period were in this state or who was either;.

AB706,3,20 b. Was a resident of this state at the time of entry or reentry into active duty or has.

AB706,4,2 c. Has been a resident of this state for at least 10 5 years next preceding the veteran's his or her application or death. If a person meets this criteria when applying for a benefit under this chapter for which there is a durational residency requirement, the department may not require the person to establish that he or she meets this criteria when he or she later applies for any other benefit under this chapter.

AB706,4,6 (b) If the person had more than one qualifying term of service under par. (a) 1., at least one term of service must have been under honorable conditions or have been terminated by an honorable discharge for the purpose of establishing eligibility under this section and s. 45.37 (1a).

AB706,4,9 (c) Veterans who are otherwise eligible and who are serving on active duty in the U.S. armed forces need not be living in this state on date of application to qualify for benefits from the department.

AB706,4,13 (d) The benefits available to veterans are also available to the unremarried surviving spouses and minor or dependent children of deceased veterans if the unremarried surviving spouses or minor or dependent children are residents of and living in this state at the time of making application.

AB706,4,17 (e) Any person whose service on active duty with the U.S. armed forces or in forces incorporated as part of the U.S. armed forces makes the person eligible for general U.S. department of veterans affairs benefits shall be deemed to have served under honorable conditions for the purpose of this subsection and s. 45.37 (1a).

AB706,4,18 (f) The following are designated as war periods:

AB706, s. 4 Section 4. 45.35 (5) (a) to (h) of the statutes are renumbered 45.35 (5) (f) 1. to 8.

AB706, s. 5 Section 5. 45.35 (5) (a) 1. (intro.) and 2. (intro.) of the statutes are created to read:

AB706,4,24 45.35 (5) (a) 1. (intro.) The person is a resident of and living in this state at the time of making application, or is deceased, and meets one of the following conditions:

AB706,5,2 2. (intro.) The person is a resident of and living in this state at the time of making application or is deceased, and meets one of the following conditions:

AB706, s. 6 Section 6. 45.35 (5m) of the statutes is renumbered 45.35 (5m) (a), and 45.35 (5m) (a) 2., as renumbered, is amended to read:

AB706,5,10 45.35 (5m) (a) 2. Any child of the veteran under 18 years of age, or under the age of 26 if in full attendance at a recognized school of instruction, or of any age if incapable of self-support by reason of mental or physical disability. "Child" as used in this section means any natural child, any legally adopted child, any stepchild or child if a member of the veteran's household or any nonmarital child if the veteran acknowledges paternity or the same has been otherwise established.

AB706, s. 7 Section 7. 45.35 (5m) (b) of the statutes is created to read:

AB706,5,17 45.35 (5m) (b) For purposes of defining "dependent" under this subsection, "veteran" includes a person who served on active duty under conditions other than dishonorable in the U.S. armed forces or in forces incorporated as part of the U.S. armed forces, who was a resident of this state at the time of entry or reentry into active duty and who died while on active duty if that death was not the result of the veteran's wilful misconduct.

AB706, s. 8 Section 8. 45.358 (3) (c) of the statutes, as created by 1995 Wisconsin Act 27, is repealed and recreated to read:

AB706,5,20 45.358 (3) (c) A person who meets the criteria under s. 45.37 (15) (a) or (b).

AB706, s. 9 Section 9. 45.358 (3) (d) of the statutes, as created by 1995 Wisconsin Act 27, is repealed.

AB706, s. 10 Section 10. 45.37 (1a) of the statutes is amended to read:

AB706,6,13 45.37 (1a) Definition of veteran. "Veteran" as used in this section means any person who served on active duty under honorable conditions in the U.S. armed forces or in forces incorporated as part of the U.S. armed forces who was entitled to receive the armed forces expeditionary medal, established by executive order 10977 on December 4, 1961, the Vietnam service medal established by executive order 11231 on July 8, 1965, the navy expeditionary medal or the marine corps expeditionary medal or who served in Grenada, Lebanon, Panama, Somalia or a Middle East crisis under s. 45.34 or any person who served for at least one day during a war period, as defined in s. 45.35 (5) (a) to (h) (f) or under section 1 of executive order 10957, dated August 10, 1961, and who was officially reported missing in action, or killed in action or who died in service, or who was discharged under honorable conditions therefrom after 90 days or more of active service, or if having served less than 90 days was honorably discharged for a service-connected disability or for a disability subsequently adjudicated to have been service connected, or who died as a result of service-connected disability.

AB706, s. 11 Section 11. 45.37 (3) (b) of the statutes is amended to read:

AB706,6,22 45.37 (3) (b) Nonresident. 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 the 10 5 years next preceding the date of application. If a person meets this criteria when applying for a benefit under this chapter for which there is a durational residency requirement, the department may not require the person to establish that he or she meets this criteria when he or she later applies for any other benefit under this chapter.

AB706, s. 12 Section 12. 45.396 (5) of the statutes is amended to read:

AB706,7,3 45.396 (5) The reimbursement per course may not exceed the average cost of tuition, fees and textbooks a 3-credit undergraduate course at the University of Wisconsin-Madison charged to a resident, and the reimbursement to a veteran shall also be limited to a maximum of $300 per course and $1,100 5 times that average cost per fiscal year.

AB706, s. 13 Section 13. 45.42 (1) of the statutes is amended to read:

AB706,7,17 45.42 (1) The department may compile a record of the burial places within the state of persons who served in the U.S. armed forces in time of war as defined in s. 45.35 (5) (a) to (h) (f) or in Grenada, Lebanon, Panama, Somalia or a Middle East crisis under s. 45.34, or under section 1 of executive order 10957, dated August 10, 1961, or whose service entitled them to receive the armed forces expeditionary medal, established by executive order 10977 on December 4, 1961, the Vietnam service medal established by executive order 11231 on July 8, 1965, the navy expeditionary medal or the marine corps expeditionary medal. The record, so far as practicable, may indicate the name of each person; the service in which engaged; the appropriate designation of armed forces unit; the rank and period of service; the name and location of the cemetery or other place in which the body is interred; the location of the grave in the cemetery or other place; and the character of headstone or other marker, if any, at the grave.