AB143: Bill Text

LRB-1477/1

RPN:cmh:cph

2003 - 2004 LEGISLATURE

2003 Assembly BILL 143

March 6, 2003 - Introduced by Representative Krusick, cosponsored by Senator Carpenter, by request of Marvin Vogel. Referred to Committee on Veterans and Military Affairs.

AB143,1,3 An Act to create 20.485 (2) (b) and (bd) and 45.40 of the statutes; relating to: bonus payments to veterans who served in a war period or crisis, beginning with those veterans who served in World War II, and making appropriations.

Analysis by the Legislative Reference Bureau

This bill provides a bonus payment to persons who served on active duty under honorable conditions in the U.S. armed forces before January 1, 2004, and during a war period or a crisis, such as in Lebanon in 1982, Libya in 1986, Somalia in 1992, or Bosnia in 1995. To be eligible for a payment under this bill, the veteran must have been a resident of this state at the time of his or her enlistment or induction into the armed forces. Under the bill, the payment may be made to the veteran, or, if he or she is deceased, to a person designated by the veteran or to his or her surviving spouse, children, or parents. Under the bill, the amount of the payment may not exceed $500 and is determined by multiplying the number of months of service in the contiguous 48 states and District of Columbia by $10 and the number of months of service outside the contiguous 48 states by $15. If the war veteran was killed or wounded in combat or disabled in a combat zone, the bill provides the veteran an additional $5 per month of that service. The bill requires the Department of Veterans Affairs to stagger the payments. For example, the department is required to make payments between July 1, 2004, and June 30, 2005, on behalf of a veteran whose service ended before January 1, 1950, while the payments on behalf of a veteran who served between January 1, 1960, and January 1, 1980, are made between July 1, 2006, and June 30, 2007.

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:

AB143, s. 1 Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB143, s. 2 Section 2. 20.485 (2) (b) and (bd) of the statutes are created to read:

AB143,2,5 20.485 (2) (b) Bonus payments to war veterans. From the general fund, the amounts in the schedule for bonus payments to war veterans under s. 45.40.

AB143,2,8 (bd) Administration of bonus payments to war veterans. From the general fund, the amounts in the schedule to administer the bonus payments to war veterans under s. 45.40.

AB143, s. 3 Section 3. 45.40 of the statutes is created to read:

AB143,2,10 45.40 Bonus payments to war veterans. (1) In this section:

AB143,2,12 (a) "Crisis" means the Lebanon, Grenada, Middle East, Panama, Somalia, or Bosnia crisis or conflict, as described in s. 45.34.

AB143,2,13 (b) "Heir" means:

AB143,2,14 1. The surviving unremarried widow or widower.

AB143,3,2 2. If there is no surviving unremarried widow or widower, the surviving children.

AB143,3,3 3. If there are no surviving children, the surviving parents.

AB143,3,4 (c) "War period" means a war period designated under s. 45.001 (5) (f) to (i).

AB143,3,6 (d) "War veteran" means an individual who served on active duty under honorable conditions in the U.S. armed forces during a crisis or war period.

AB143,3,9 (2) (a) A payment may be made under sub. (3) only on behalf of a war veteran who was a resident of this state at the time of his or her enlistment or induction into the U.S. armed forces and for at least one year before that enlistment or induction.

AB143,3,11 (b) A payment may be made under sub. (3) only for service in the U.S. armed forces before January 1, 2004.

AB143,3,18 (3) (a) From the appropriation under s. 20.485 (2) (b), the department shall make a payment to each eligible war veteran. If the war veteran is deceased, the payment shall be made to an eligible person that the veteran has legally designated in writing to receive the payment. If the war veteran did not legally designate a person to receive the payment, the payment shall be made to an eligible heir. If there is more than one surviving eligible child or parent of the veteran, the children or parents, if the eligible heirs, shall share the payment equally.

AB143,3,20 (b) The amount of the payment may not exceed $500, and shall be determined as follows:

AB143,3,23 1. For each month that the war veteran was in service within the contiguous 48 states or District of Columbia during a crisis or war period, the war veteran is entitled to $10.

AB143,4,4 2. For each month that the war veteran was in service outside the contiguous 48 states and District of Columbia during a crisis or war period, the war veteran is entitled to $15, except that if the war veteran was wounded or killed in combat or disabled in a combat zone outside the contiguous 48 states and District of Columbia during a crisis or war period, the war veteran is entitled to an additional $5 for each month of that service.

AB143,4,7 (c) The department may accept a certification from the U.S. department of veterans affairs as proof of the periods of service, place of service, and condition of the war veteran for purposes of par. (b).

AB143,4,9 (d) The department shall make a payment to the war veteran, the person legally designated by the war veteran, or the heir of the war veteran, as follows:

AB143,4,11 1. For a war veteran whose service on active duty ended before January 1, 1950, the payment shall be made between July 1, 2004, and June 30, 2005.

AB143,4,14 2. For a war veteran whose service on active duty ended after December 31, 1949, and before January 1, 1960, the payment shall be made between July 1, 2005, and June 30, 2006.

AB143,4,17 3. For a war veteran whose service on active duty ended after December 31, 1959, and before January 1, 1980, the payment shall be made between July 1, 2006, and June 30, 2007.

AB143,4,20 4. For a war veteran whose service on active duty ended after December 31, 1979, and before January 1, 2004, the payment shall be made between July 1, 2007, and June 30, 2008.

AB143,5,2 (4) The department shall create, and make available, a form for applying for a payment under sub. (3) at no cost to eligible war veterans, to the eligible persons designated by veterans or eligible heirs if the veterans are deceased, and to county veterans' service officers and veterans' organizations. The form shall be made available no later than April 1, 2004.

AB143,5,3 (End)