AB821: Bill Text

AB821,68 Section 68. 45.43 (title) and (1) of the statutes are amended to read:

AB821,18,2 45.43 (title) Veterans assistance program housing and recovery programs; aid to indigent veterans. (1) The department shall administer a program programs to provide assistance to persons who served in the U.S. armed forces or in forces incorporated as part of the U.S. armed forces and who were discharged under conditions other than dishonorable. The department shall provide assistance under this section to persons whose need for services is based upon homelessness, incarceration, or other circumstances designated by the department by rule. The eligibility requirements under s. 45.02 (2) do not apply to a person applying for assistance under this section. The department shall designate the assistance available under this section, which may include assistance in receiving medical care, dental care, education, employment, single room occupancy housing, and transitional housing, and, notwithstanding s. 45.51 (14), housing in an assisted living facility. The department may provide payments to facilitate the provision of services under this section.

AB821,69 Section 69. 45.47 (1) of the statutes is amended to read:

AB821,18,7 45.47 (1) Definition. In this section, "grant recipient" means a county, American Indian tribe or band, nonprofit organization, county veterans service consortium, or other person that is not an individual and that receives a grant from the department under this chapter.

AB821,70 Section 70. 45.50 (2b) of the statutes is renumbered 45.50 (2b) (a).

AB821,71 Section 71. 45.50 (2b) (b) of the statutes is created to read:

AB821,18,12 45.50 (2b) (b) The department shall annually make a payment of $42,000 from the appropriation under s. 20.485 (1) (fm) to the town of Dover for the cost of providing municipal services to the Wisconsin Veterans Home at Union Grove.

AB821,72 Section 72. 45.50 (4) (a) of the statutes is amended to read:

AB821,18,18 45.50 (4) (a) The department may use moneys appropriated under s. 20.485 (1) (h) to purchase, erect, construct, or remodel buildings, to provide additions and improvements, to provide equipment, materials, supplies, and services necessary for the purposes of veterans homes, and for expenses that are necessary and incidental to acquisition of property under s. 45.51 (10) 45.50 (14) and (11) (15).

AB821,73 Section 73. 45.51 (3) (b) of the statutes is amended to read:

AB821,18,25 45.51 (3) (b) Spouses, surviving spouses, and parents derive their eligibility from the eligibility of the person under sub. (2) (a) 1. or 2. Surviving spouses and parents of eligible persons under sub. (2) (a) 1. or 2. shall not be eligible for admission to the Wisconsin Veterans Home at Union Grove, the Wisconsin Veterans Home at King, or the Wisconsin Veterans Home at Chippewa Falls unless a home's overall occupancy level is below an optimal level as determined by the board department.

AB821,74 Section 74. 45.51 (3) (c) 1. d. of the statutes is amended to read:

AB821,19,3 45.51 (3) (c) 1. d. Parents of eligible persons under sub. (2) (a) 1. or 2. to 3. have 4th priority for admission.

AB821,75 Section 75. 45.51 (3) (c) 1m. c. of the statutes is amended to read:

AB821,19,7 45.51 (3) (c) 1m. c. A person who is not a resident of the state on the date of application for membership in a veterans home eligible under sub. (1m) has 3rd priority for admission.

AB821,76 Section 76. 45.51 (3) (c) 2. of the statutes is amended to read:

AB821,19,10 45.51 (3) (c) 2. The department may deviate from this sequence upon order of the board to prevent the separation of a husband and wife.

AB821,77 Section 77. 45.51 (6m) of the statutes is renumbered 45.51 (1m) and amended to read:

AB821,19,16 45.51 (1m) Residency. In Notwithstanding s. 45.02 (2) and subject to sub. (3), in order to be eligible for benefits under this subchapter, a person specified under sub. (2) (a) 1., 2., or 3. does not have to be a resident of this state on the date of application for membership.

AB821,78 Section 78. 45.51 (7) of the statutes is renumbered 45.50 (12), and 45.50 (12) (a), as renumbered, is amended to read:

AB821,19,21 45.50 (12) (a) The board department shall establish a pay plan for compensation of members for services rendered to a veterans home under its work therapy program.

AB821,79 Section 79. 45.51 (8) of the statutes is renumbered 45.50 (13).

AB821,80 Section 80. 45.51 (10) of the statutes is renumbered 45.50 (14), and 45.50 (14) (a) and (b), as renumbered, are amended to read:

AB821,20,11 45.50 (14) (a) Except as otherwise provided in this subsection, the application and admission of any applicant admitted under this section s. 45.51 shall constitute a valid and binding contract between a member and the department. If a member dies leaving a relative that is entitled to an interest in the property of the member under the rules of intestate succession or a will the existence of which is made known to the commandant of the veterans home within 60 days of the member's death, the member's property shall constitute a part of the member's estate, except the commandant may distribute personal effects of nominal monetary value of a deceased member who is not survived by a member spouse to surviving relatives of the member who request the personal effects within a reasonable time after the member's death.

AB821,20,17 (b) The department may manage, sell, lease, or transfer property passing to the state pursuant to this section s. 45.51 or conveyed to it by members, defend and prosecute all actions concerning it, pay all just claims against it, and do all other things necessary for the protection, preservation, and management of the property. All expenditures necessary for the execution of functions under this paragraph or sub. s. 45.51 (14) shall be made from the appropriation in s. 20.485 (1) (h).

AB821,81 Section 81. 45.51 (11) of the statutes is renumbered 45.50 (15).

AB821,82 Section 82. 45.51 (12) of the statutes is renumbered 45.50 (16).

AB821,83 Section 83. 45.57 (1) of the statutes is amended to read:

AB821,20,23 45.57 (1) The department may transfer all or part of the unencumbered balance of any of the appropriations under s. 20.485 (1) (g), (gd), (gk), or (i) to the veterans trust fund or to the veterans mortgage loan repayment fund.

AB821,84 Section 84. 45.62 (2) of the statutes is amended to read:

AB821,21,8 45.62 (2) The department may prepare blank forms for the transmission to the department of the information required for the record under sub. (1). The department may distribute the forms to county veterans service officers or county veterans benefit specialists. A county veterans service officer or county veterans benefit specialist within whose county any cemetery or other burial place is located in which deceased veteran's bodies are interred shall submit the facts required for the record under sub. (1) to the department on the forms provided by the department, if so requested by the department.

AB821,85 Section 85. 45.70 (1b) (a) of the statutes is renumbered 45.70 (1b) and amended to read:

AB821,21,14 45.70 (1b) The board department may approve, recommend, and veto any proposed plans, modifications, and changes or policies with respect to established state memorials and any future veterans state memorials, and may recommend the creation and establishment of future veterans state memorials.

AB821,86 Section 86. 45.70 (1b) (b) of the statutes is repealed.

AB821,87 Section 87. 45.70 (1m) of the statutes is repealed.

AB821,88 Section 88. 45.70 (2) (b) of the statutes is amended to read:

AB821,21,23 45.70 (2) (b) No structures, other than memorials approved by the board department, and no walks, roads, or subterranean footings may be placed or erected upon Camp Randall Memorial Park, Madison, Wisconsin, as described in par. (c), unless authorized by the legislature;, nor shall the park be used for any permanent purpose other than a memorial park and no event may be held within the park unless approved by the department.

AB821,89 Section 89. 45.80 (title) of the statutes is amended to read:

AB821,21,25 45.80 (title) County veterans service officer services to veterans.

AB821,90 Section 90. 45.80 (1) (a) of the statutes is renumbered 45.80 (1) (a) (intro.) and amended to read:

AB821,22,4 45.80 (1) (a) (intro.) Except as provided under par. (b), the county board shall elect a one of the following:

AB821,22,10 1. 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 and who meets at least one of the conditions listed in s. 45.01 (12) (a) to (d) and at least one of the conditions listed in s. 45.02 (2), served under honorable conditions in a reserve unit of the U.S. armed forces, or served under honorable conditions in the national guard.

AB821,91 Section 91. 45.80 (1) (a) 2. of the statutes is created to read:

AB821,22,19 45.80 (1) (a) 2. A county veterans benefit specialist 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, served under honorable conditions in a reserve unit of the U.S. armed forces, or served under honorable conditions in the national guard, and who shall be accredited by the U.S. department of veterans affairs to assist veterans and their families in the preparation, presentation, and prosecution of a veteran benefit claim in accordance with 38 USC 5901 to 5904 and 38 CFR 14.629.

AB821,92 Section 92. 45.80 (1) (c) of the statutes is amended to read:

AB821,23,2 45.80 (1) (c) In counties with a county executive or county administrator, the county executive or county administrator shall appoint and supervise a county veterans service officer or county veterans benefit specialist who shall have the qualifications prescribed under par. (a). The appointment is subject to confirmation by the county board unless the county board, by ordinance, elects to waive confirmation or unless the appointment is made under a civil service system competitive examination procedure established under s. 59.52 (8) or ch. 63.

AB821,93 Section 93. 45.80 (2) of the statutes is amended to read:

AB821,23,7 45.80 (2) Term. A county veterans service officer or county veterans benefit specialist elected under sub. (1) (a) shall serve until the first Monday in January of the 2nd year subsequent to the year of his or her election, and, if reelected, shall continue to serve unless removed under s. 17.10 (2).

AB821,94 Section 94. 45.80 (3) of the statutes is amended to read:

AB821,23,11 45.80 (3) Salary. The salary of the county veterans service officer or county veterans benefit specialist shall be fixed by the county board prior to or at the time of the service officer's election and annually thereafter.

AB821,95 Section 95. 45.80 (4) of the statutes is amended to read:

AB821,23,15 45.80 (4) Milwaukee County. In counties having a population of 500,000 750,000 or more the county veterans service officer or county veterans benefit specialist shall be appointed subject to ss. 63.01 to 63.17.

AB821,96 Section 96. 45.80 (5) (intro.) of the statutes is amended to read:

AB821,23,18 45.80 (5) Duties. (intro.) The A county veterans service officer shall do all of the following:

AB821,97 Section 97. 45.80 (5) (e) of the statutes is repealed.

AB821,98 Section 98. 45.80 (6) (intro.) of the statutes is repealed.

AB821,99 Section 99. 45.80 (6) (a) of the statutes is renumbered 45.80 (5) (g).

AB821,100 Section 100. 45.80 (6) (b) of the statutes is renumbered 45.80 (5) (h).

AB821,101 Section 101. 45.80 (7) of the statutes is repealed.

AB821,102 Section 102. 45.80 (8) of the statutes is repealed.

AB821,103 Section 103. 45.80 (9) of the statutes is created to read:

AB821,24,2 45.80 (9) Prohibited activities. A county veterans service officer may not do any of the following:

AB821,24,5 (a) Verify veterans status for individuals for the purpose of obtaining permits or licenses from the department of natural resources or the department of motor vehicles.

AB821,24,6 (b) Initiate mortgage loans under s. 45.37 or personal loans under s. 45.42.

AB821,104 Section 104. 45.805 of the statutes is created to read:

AB821,24,12 45.805 County veterans service consortium. (1) The department may approve a county veterans service consortium to administer veterans benefits and services within the boundaries of the participating counties. The department may not approve more than one county veterans service consortium. The department shall create standards under which a consortium shall operate.

AB821,24,19 (2) The department shall designate one of the proposed participating counties to submit a plan for the proposed county veterans service consortium to the department that sets forth policies and procedures for the consortium. The plan shall provide for the establishment of a county veterans consortium commission to administer the consortium, and the county veterans consortium commission shall consist of one representative from each county that is a member of the consortium. The plan may not be implemented without the department's approval.

AB821,24,22 (3) If the department approves the plan under sub. (2), the department shall award a grant to the county that submitted the plan to assist the county veterans service consortium in implementing its plan.

AB821,105 Section 105. 45.805 of the statutes, as created by 2015 Wisconsin Act .... (this act), is repealed.

AB821,106 Section 106. 45.81 (2) of the statutes is amended to read:

AB821,25,11 45.81 (2) The commission shall be organized by the election of one of their number as chairperson. The county executive or county board chairperson in a county that does not have a county executive after the expiration of the terms of those first appointed shall annually on or before the 2nd Monday in December appoint one person as a member of the commission for the term of 3 years. Except as provided in s. 59.21 (1) (intro.), the county executive or county board chairperson shall require each member of the commission and the county veterans service officer to execute to the county an individual surety bond, with sufficient sureties to be approved by the county executive or county board chairperson, each bond to be in an amount equal to the tax levied in the current year for expenditure by the commission. Each bond shall be filed with the county clerk.

AB821,107 Section 107. 45.81 (3) (a) of the statutes is amended to read:

AB821,25,15 45.81 (3) (a) Except as provided under sub. (4), the The commission may furnish aid to any person described in s. 45.86 if the right of that person to aid is established to the commission's satisfaction.

AB821,108 Section 108. 45.81 (4) of the statutes is amended to read:

AB821,25,19 45.81 (4) A county veterans service officer appointed under s. 45.80 (1) (b) or (4) shall may have the administrative powers and duties prescribed for the county veterans service commission under sub. (2).

AB821,109 Section 109. 45.81 (6) of the statutes is amended to read:

AB821,25,25 45.81 (6) The county veterans service officer shall may serve as executive secretary of the county veterans service commission and shall may make or direct all necessary investigations to determine eligibility for aid under s. 45.86 when the commission so requests. The county service officer, in making an investigation, may use the facilities for investigating that are made available by the county board.

AB821,110 Section 110. 45.82 (1) of the statutes is amended to read:

AB821,26,15 45.82 (1) Each county may annually apply to the department for a grant for the improvement of service to former military personnel of the county through the county veterans service office. A county may not allocate any portion of a grant for use by another county department nor may the county reduce funding to a county veterans service office based upon receipt of a grant. The county veterans service officer of any A county applying for the grant shall enter into an agreement with the department. The agreement shall state the goals and objectives to be attained by the county veterans service office during the remainder of the year covered by the grant application. The department shall prepare the basic form of this agreement in consultation with the county veterans service officers association and provide a copy and an explanation of that agreement to each county veterans service officer. The department shall develop reasonable budget and operating standards to assure improved services, but full operating control of the county office shall be left to each county.

AB821,111 Section 111. 45.82 (2) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB821,27,9 45.82 (2) The department of veterans affairs shall award a grant annually, on a reimbursable basis as specified in this subsection, to a county that meets the standards developed under this section if the county executive, administrator, or administrative coordinator certifies to the department that it employs a county veterans service officer who, if chosen after April 15, 2015, is chosen from a list of candidates who have taken a civil service examination for the position of county veterans service officer developed and administered by the bureau of merit recruitment and selection in the department of administration, or is appointed under a civil service competitive examination procedure under s. 59.52 (8) or ch. 63. The department of veterans affairs shall twice yearly reimburse grant recipients for documented expenses under sub. (5), subject to the following annual reimbursement limits: $8,500 for a county with a population of less than 20,000, $10,000 for a county with a population of 20,000 to 45,499, $11,500 for a county with a population of 45,500 to 74,999, and $13,000 for a county with a population of 75,000 or more. The department of veterans affairs shall use the most recent Wisconsin official population estimates prepared by the demographic services center when making grants under this subsection.

AB821,112 Section 112. 45.82 (3) of the statutes is repealed.

AB821,113 Section 113. 45.84 of the statutes is amended to read:

AB821,27,21 45.84 Burial allowance. (1) Each county veterans service officer or county veterans benefit specialist shall cause to be interred in a decent and respectable manner in any cemetery in this state, other than those used exclusively for the burial of paupers, the body of any veteran, spouse, or surviving spouse who was living in the county at the time of death and who dies not leaving sufficient means to defray the necessary expenses of a decent burial, or under circumstances that would cause financial distress to the person's family. The cost of this interment shall be the responsibility of the county, but may not be less than $300, and shall be in addition to the burial allowance payable under laws administered by the U.S. department of veterans affairs.

AB821,28,3 (2) Before assuming the burial expense, the county veterans service officer or county veterans benefit specialist shall exercise due diligence in attempting to determine the financial condition required by sub. (1). The county veterans service officer, in making the inquiry, may use the facilities for investigation that are made available by the county board. The county veterans service officer shall report the results of that determination to the appropriate authorities designated by the county.

AB821,28,12 (3) The chairperson of the county board and the clerk of the county on the receipt of the report under sub. (2) shall draw an order on the county treasurer for the amount of expenses so incurred, payable to the person designated in the report as being entitled to that payment. The county veterans service officer or county veterans benefit specialist of each county shall, upon the death and burial of a veteran described under sub. (1) who was living in the county at the time of death, make application to the proper authorities for a suitable headstone as provided for by act of congress, and at the expense of the county cause the same to be placed at the head of the deceased's grave.

AB821,114 Section 114. 59.21 (1) (intro.) of the statutes is amended to read:

AB821,29,3 59.21 (1) (intro.) Each county officer named in this chapter, except county supervisors, shall execute and file an official bond and take and file the official oath within 20 days after receiving official notice of election or appointment, or if not officially notified, within 20 days after the commencement of the term for which the officer is elected or appointed, or the board may provide a schedule or blanket bond that includes any or all of these officials, except county supervisors, and a blanket bond may also include members of a county veterans service commission under s. 45.81 (1) and a county veterans service officer under s. 45.81 (2) or a county veterans benefit specialist. Every county supervisor shall take and file the official oath within 20 days after receiving official notice of election or appointment, or if not officially notified, within 20 days after the commencement of the term for which he or she is elected or appointed. Every deputy appointed by any such officer shall take and file the official oath and if the deputy neglects to do so, he or she shall forfeit $100. If the board does not provide a schedule or blanket bond, the official bonds shall be in sums and with sureties, as follows:

AB821,115 Section 115. 59.535 (4) of the statutes is amended to read: