AB706: Bill Text

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.

AB706, s. 14 Section 14. 45.42 (2) of the statutes is amended to read:

AB706,8,6 45.42 (2) The department may have blank forms prepared whereby the information required for the record may be transmitted to it and may distribute the forms to county veterans' service officers. The county veterans' service officer within whose county and cemetery or burial place is located in which are interred the bodies 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 shall submit the facts required for such record to the department on the forms provided by it, if so requested by the department.

AB706, s. 15 Section 15. 45.43 (1) (a) of the statutes is amended to read:

AB706,8,21 45.43 (1) (a) Except as provided under par. (b), the county board shall elect a county veterans' service officer who shall be a Wisconsin resident 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, except service on active duty for training purposes, for 90 days or more in time of war as set forth in s. 45.35 (5) (a) to (h) 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; who served in Grenada, Lebanon, Panama, Somalia or a Middle East crisis under s. 45.34; who served under section 1 of executive order 10957 dated August 10, 1961; or whose service 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.

AB706, s. 16 Section 16. 45.43 (6) (b) of the statutes is amended to read:

AB706,9,11 45.43 (6) (b) Except as provided under par. (c), the county board may appoint assistant county veterans' service officers who shall be Wisconsin residents 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, except service on active duty for training purposes, for 90 days or more in time of war as set forth in s. 45.35 (5) (a) to (h) 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; who served in Grenada, Lebanon, Panama, Somalia or a Middle East crisis under s. 45.34; who served under section 1 of executive order 10957 dated August 10, 1961; or whose service 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.

AB706, s. 17 Section 17. 45.71 (16) (intro.) and (a) (intro.) of the statutes are consolidated, renumbered 45.71 (16) (a) (intro.) and amended to read:

AB706,9,17 45.71 (16) (a) (intro.)  "Veteran" means: (a) Any 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 is meets the following conditions:

AB706,9,21 1m. a. Is 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 .

AB706,9,23 b. Has served in Grenada, Lebanon, Panama, Somalia or a Middle East crisis under s. 45.34 or any person who served.

AB706,9,25 c. Has served for 90 days or more during a war period as enumerated under subds. 1. to 9. par. (am) or under section 1 of executive order 10957, dated August 10, 1961, except service on active duty for training purposes, 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, or who served.

AB706,10,6 d. Has served on active duty for more than 6 months during the period between February 1, 1955, and August 4, 1964, and was honorably discharged , and who has.

AB706,10,11 2m. a. Has been a resident of this state for at least 5 years next preceding an application or death or who was. 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 applies for any other benefit under this chapter.

AB706,10,14 b. Was a resident of this state at the time of enlistment or induction into service and is either a resident of and living in this state at the time of making application or is deceased.

AB706,10,17 (af) If the person had more than one qualifying term of service, at least one term of service must have been under honorable conditions or have been terminated by an honorable discharge.

AB706,10,20 (aj) 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 a loan under this chapter.

AB706,10,21 (am) The following are designated as war periods:

AB706, s. 18 Section 18. 45.71 (16) (a) 1. to 10. of the statutes are renumbered 45.71 (16) (am) 1. to 10., and 45.71 (16) (am) 9., as renumbered, is amended to read:

AB706,11,3 45.71 (16) (am) 9. Vietnam war: Between August 5, 1964, and a date of termination to be established by the legislature January 1, 1977, excepting service on active duty for training purposes only.

AB706, s. 19 Section 19. 45.71 (16) (a) 1m. (intro.) and e. and 2m. (intro.) of the statutes are created to read:

AB706,11,6 45.71 (16) (a) 1m. (intro.) The person meets one of the following conditions:

AB706,11,8 e. Is entitled to receive veteran benefits from the U.S. department of veterans affairs.

AB706,11,10 2m. (intro.) The person is either 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. 20 Section 20. 45.71 (16) (b) and (c) of the statutes are amended to read:

AB706,11,13 45.71 (16) (b) An unremarried spouse of a deceased veteran shall be considered a veteran under this subchapter.

AB706,11,15 (c) A minor or dependent child of a deceased veteran shall be considered a veteran under this subchapter.

AB706, s. 21 Section 21. 45.73 (2) of the statutes is amended to read:

AB706,11,23 45.73 (2) Allocation of limited loan resources. If the department estimates that applications for loans under this subchapter will exceed the moneys available for such loans, the department shall give priority to the most necessitous cases and take all action necessary to spread the available moneys among the maximum possible number of veterans. The board of veterans affairs shall establish procedures whereby veterans of the Vietnam war, as defined in s. 45.71 (16) (a) (am) 9., receive first priority.

AB706, s. 22 Section 22. 45.74 (1) (intro.) of the statutes is amended to read:

AB706,12,3 45.74 (1) Annual income limitation. (intro.) For persons identified under s. 45.79 (7) (c) 1. and 2., the annual income of the person or both the person and the person's spouse exceeds whichever of the following applies:

AB706, s. 23 Section 23. 45.745 (1) of the statutes is amended to read:

AB706,12,7 45.745 (1) Annual income limitation. For persons identified under s. 45.79 (7) (c) 1. and 2., the annual income of the person or both the person and the person's spouse does not exceed 140% of the amount specified under s. 45.74 (1).

AB706, s. 24 Section 24. 45.76 (1) (c) 1. (intro.) of the statutes is renumbered 45.76 (1) (c) 1. and amended to read:

AB706,12,11 45.76 (1) (c) 1. A loan of not more than $15,000 to improve a home, including construction of a garage but not including any of the following:.

AB706, s. 25 Section 25. 45.76 (1) (c) 1. a. to d. of the statutes are repealed.

AB706, s. 26 Section 26. 230.03 (14) (c) of the statutes is amended to read:

AB706,12,16 230.03 (14) (c) A person who served on active duty under honorable conditions in the U.S. armed forces 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.

AB706, s. 27 Section 27. 341.14 (6) (a) of the statutes is amended to read:

AB706,13,4 341.14 (6) (a) Upon application to register an automobile or station wagon or a motor truck or dual purpose farm truck which has a gross weight of not more than 8,000 pounds by any person who was a member of any of the U.S. armed services and who was held as a prisoner of war during any of the conflicts described in s. 45.35 (5) (b) to (g) (f) 2. to 8. or in Grenada, Lebanon, Panama, Somalia or a Middle East crisis under s. 45.34, and upon submission of a statement from the U.S. department of veterans affairs certifying that the person was a prisoner of war during one of the conflicts described in s. 45.35 (5) (b) to (g) (f) 2. to 8. or in Grenada, Lebanon, Panama, Somalia or a Middle East crisis under s. 45.34, the department shall issue to the person a special plate which is colored red, white and blue and which has the words "ex-prisoner of war" placed on the plate in the manner designated by the department.

AB706,13,5 (End)