LRBs0357/2
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1995 - 1996 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
To 1995 ASSEMBLY BILL 706
November 29, 1995 - Offered by
Committee on Veterans and Military Affairs.
AB706-ASA1,1,14
1An Act to repeal 45.76 (1) (c) 1. a. to d.;
to renumber 45.35 (5) (a) to (h);
to
2renumber and amend 45.25 (2) (b), 45.35 (5) (intro.), 45.35 (5m), 45.358 (1),
345.71 (16) (a) 1. to 10. and 45.76 (1) (c) 1. (intro.);
to consolidate, renumber
4and amend 45.71 (16) (intro.) and (a) (intro.);
to amend 25.36 (1), 45.01, 45.16,
545.25 (2) (c), 45.25 (2) (d), 45.34 (1) (intro.), 45.34 (2) (e) 2., 45.34 (3), 45.34 (4),
645.35 (5) (title), 45.358 (2), 45.358 (3), 45.37 (1a), 45.37 (3) (b), 45.37 (15) (a) and
7(b), 45.396 (5), 45.42 (1), 45.42 (2), 45.43 (1) (a), 45.43 (6) (b), 45.71 (16) (b) and
8(c), 45.73 (2), 45.74 (1) (intro.), 45.745 (1), 45.79 (5) (a) 9., 230.03 (14) (c) and
9341.14 (6) (a); and
to create 20.485 (2) (yg), 45.25 (2) (b) 2., 45.35 (5) (a) 1.
10(intro.) and 2. (intro.), 45.35 (5m) (b), 45.358 (1) (a), 45.358 (3) (e), (f) and (g) and
1145.71 (16) (a) 1m. (intro.) and e. and 2m. (intro.) of the statutes;
relating to:
12eligibility for veterans programs, exemption of veterans cemeteries from
13certain requirements, acquisition of home loan revenue bonds and making an
14appropriation.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB706-ASA1, s. 1
1Section
1. 20.485 (2) (yg) of the statutes is created to read:
AB706-ASA1,2,42
20.485
(2) (yg)
Acquisition of 1981 revenue bond mortgages. A sum sufficient
3to acquire the outstanding mortgages issued with the proceeds of the 1981 veterans
4home loan revenue bond issuance.
AB706-ASA1,2,227
25.36
(1) Except as provided in sub. (2), all moneys appropriated or transferred
8by law shall constitute the veterans trust fund which shall be used exclusively for
the
9purchase of mortgages issued with the proceeds of the 1981 veterans home loan
10revenue bond issuance in an amount sufficient to retire that bond issue or for the
11veterans programs under ss. 20.485 (2) (m), (mn), (tm), (u), (v), (vo), (w), (z) and (zm),
1245.01, 45.25, 45.351 (1) and (2), 45.353, 45.356, 45.357, 45.396, 45.397 and 45.43 (7)
13and administered by the department of veterans affairs, including all moneys
14received from the federal government for the benefit of veterans or their dependents;
15all moneys paid as interest on and repayment of loans under the post-war
16rehabilitation fund; soldiers rehabilitation fund, veterans housing funds as they
17existed prior to July 1, 1961; all moneys paid as interest on and repayment of loans
18under this fund; all moneys paid as expenses for, interest on and repayment of
19veterans trust fund stabilization loans;
all mortgages issued with the proceeds of the
201981 veterans home loan revenue bond issuance purchased with moneys in the
21veterans trust fund; and all gifts of money received by the board of veterans affairs
22for the purposes of this fund.
AB706-ASA1,3,6
2445.01 Wisconsin veterans museum; space for. The department of
25administration shall provide suitable space for the purpose of a memorial hall,
1designated as the Wisconsin veterans museum, dedicated to the men and women of
2Wisconsin who served in the armed forces of the United States in the civil war of 1861
3to 1865 or in any subsequent wars, as enumerated in s. 45.35 (5)
(a) to (g) (f), or in
4Grenada, Lebanon, Panama, Somalia or a Middle East crisis under s. 45.34, and the
5department of veterans affairs shall operate and conduct the Wisconsin veterans
6museum.
AB706-ASA1,4,3
845.16 Burial allowance. Each county veterans' service officer shall cause to
9be interred in a decent and respectable manner in any cemetery in this state, other
10than those used exclusively for the burial of paupers, the body of any person who
11served in any war of the United States, in the Korean conflict, in the Vietnam war,
12under section 1 of executive order 10957, dated August 10, 1961, or had service that
13entitled the person to receive the armed forces expeditionary medal, established by
14executive order 10977 on December 4, 1961, the Vietnam service medal established
15by executive order 11231 on July 8, 1965, the navy expeditionary medal or the marine
16corps expeditionary medal or who served in Grenada, Lebanon, Panama, Somalia or
17a Middle East crisis under s. 45.34 and who was discharged under
honorable 18conditions
other than dishonorable after 90 days or more of active service, in the U.S.
19armed forces, or if having served less than 90 days was
honorably discharged
under
20conditions other than dishonorable for
a disability incurred in line of duty and who
21was living in the county at the time of death, and who dies not leaving sufficient
22means to defray the necessary expenses of a decent burial, or under financial
23circumstances that would distress the person's family to pay the expenses of the
24burial, and the body of a spouse or surviving spouse of the person who dies not leaving
25such means or under the same financial circumstances and who was living in the
1county at the time of death, at an expense to the county of not more than $300 in
2addition to the burial allowance payable under laws administered by the U.S.
3department of veterans affairs.
AB706-ASA1, s. 5
4Section
5. 45.25 (2) (b) of the statutes is renumbered 45.25 (2) (b) (intro.) and
5amended to read:
AB706-ASA1,4,86
45.25
(2) (b) (intro.) The individual served on active duty
, except service on
7active duty for training purposes, under conditions other than dishonorable in the
8U.S. armed forces
and meets one of the following conditions:
AB706-ASA1,4,15
91. The individual enlisted or was drafted into the U.S. armed forces and served
10on active duty for
at least 2
continuous years
or more or the full period of the
11individual's initial service obligation, whichever is less. An individual discharged for
12reasons of hardship or a service-connected disability or released due to a reduction
13in the U.S. armed forces
or for the good of the service prior to the completion of the
14required period of service is eligible
under this subdivision, regardless of the actual
15time served.
AB706-ASA1, s. 6
16Section
6. 45.25 (2) (b) 2. of the statutes is created to read:
AB706-ASA1,4,2317
45.25
(2) (b) 2. The individual was a member of the Wisconsin national guard
18or of the U.S. reserves, was called into and served on active duty for periods of 90
19consecutive days or more and the total active duty served in those
2090-consecutive-day periods is at least 2 years. An individual discharged for reasons
21of a service-connected disability before completing a 90-day period shall be
22considered to have served on active duty for a period of 90 consecutive days for
23purposes of this subdivision.
AB706-ASA1,5,7
145.25
(2) (c) The individual applies for the tuition and fee reimbursement
2program for courses completed within 6 years after separation from the
last period
3of qualifying service under par. (b). If the individual meets the criteria under par.
4(b) 1. or 2. and is called into active duty and serves for a period of 90 consecutive days
5or is discharged for reasons of a service-connected disability before completing the
690-day period, the 6-year limit on applying under this paragraph starts again at the
7end of the active duty service.
AB706-ASA1,5,179
45.25
(2) (d) The individual
is a resident at the time of application for the
10tuition and fee reimbursement program and was a Wisconsin resident at the time of
11entry or reentry into service or
for the 5-year period immediately preceding
12application for the tuition and fee reimbursement program was a resident for any
13consecutive 5-year period before the time of application. If a person applying for a
14benefit under this section meets that 5-consecutive-year residency requirement, the
15department may not require the person to reestablish that he or she meets the
165-consecutive-year residency requirement when he or she later applies for any other
17benefit under this chapter that requires a 5-consecutive-year residency.
AB706-ASA1, s. 9
18Section
9. 45.34 (1) (intro.) of the statutes is amended to read:
AB706-ASA1,5,2419
45.34
(1) Service in Lebanon and Grenada. (intro.) A person shall be
20considered to have served in Lebanon or Grenada if the person was on active duty
21in Lebanon or its territorial waters under
honorable conditions
other than
22dishonorable between August 1, 1982, and the date of withdrawal of U.S. armed
23forces from Lebanon, as established by the department by rule, or in Grenada
24between October 23, 1983, and November 21, 1983, and:
AB706-ASA1,6,1
145.34
(2) (e) 2. Under
honorable conditions
other than dishonorable.
AB706-ASA1,6,63
45.34
(3) Service in Panama. A person shall be considered to have served in
4Panama if the person was on active duty in the U.S. armed forces in Panama or its
5territorial waters under
honorable conditions
other than dishonorable between
6December 20, 1989, and January 31, 1990.
AB706-ASA1,6,128
45.34
(4) Service in Somalia. A person shall be considered to have served in
9Somalia if the person was on active duty in the U.S. armed services in Somalia or in
10territorial waters adjacent to Somalia under
honorable conditions
other than
11dishonorable between December 9, 1992, and the ending date of Operation Restore
12Hope, as established by the department of veterans affairs by rule.
AB706-ASA1, s. 13
13Section
13. 45.35 (5) (title) of the statutes is amended to read:
AB706-ASA1,6,1414
45.35
(5) (title)
Veteran defined; benefit.
AB706-ASA1, s. 14
15Section
14. 45.35 (5) (intro.) of the statutes is renumbered 45.35 (5) (a) (intro.)
16and amended to read:
AB706-ASA1,6,2117
45.35
(5) (a) (intro.) "Veteran" as used in this chapter, except in s. 45.37 and
18unless otherwise modified, means any person who
has served on active duty under
19honorable conditions
other than dishonorable in the U.S. armed forces or in forces
20incorporated as part of the U.S. armed forces, except service on active duty for
21training purposes,
and who meets the following conditions:
AB706-ASA1,6,23
221. a. Has served in Grenada, Lebanon, Panama, Somalia or a Middle East crisis
23under s. 45.34
or whose service.
AB706-ASA1,7,2
24b. Was entitled
the veteran to receive the armed forces expeditionary medal,
25established by executive order 10977 on December 4, 1961, the Vietnam service
1medal established by executive order 11231 on July 8, 1965, the navy expeditionary
2medal or the marine corps expeditionary medal
or any person who served.
AB706-ASA1,7,8
3c. Has served for 90 days or more during a war period as enumerated under
4pars. (a) to (h) par. (f) or under section 1 of executive order 10957 dated August 10,
51961, or if having served less than 90 days was honorably discharged for a
6service-connected disability or for a disability subsequently adjudicated to have
7been service connected or died in service
, who is either a resident of and living in this
8state at the time of making application or is deceased, and whose.
AB706-ASA1,7,12
92. a. His or her selective service local board, if any, and home of record at time
10of entry or reentry into active service as shown on the veteran's report of separation
11from the U.S. armed forces for a qualifying period were in this state
or who was
12either;.
AB706-ASA1,7,14
13b. Was a resident of this state at the time of entry or reentry into active duty
14or has.
AB706-ASA1,7,21
15c. Has been a resident of this state for
at least 10 years next preceding the
16veteran's any consecutive 5-year period before his or her application or death.
If a
17person applying for a benefit under this subchapter meets that 5-consecutive-year
18residency requirement, the department may not require the person to reestablish
19that he or she meets the 5-consecutive-year residency requirement when he or she
20later applies for any other benefit under this chapter that requires a
215-consecutive-year residency.
AB706-ASA1,8,2
22(b) If the person had more than one qualifying term of service
under par. (a) 1.,
23at least one term of service must have been under
honorable conditions
other than
24dishonorable or have been terminated by
an honorable a discharge
under conditions
1other than dishonorable for the purpose of establishing eligibility under this section
2and s. 45.37 (1a).
AB706-ASA1,8,5
3(c) Veterans who are otherwise eligible and who are serving on active duty in
4the U.S. armed forces need not be living in this state on date of application to qualify
5for benefits from the department.
AB706-ASA1,8,9
6(d) The benefits available to veterans are also available to the unremarried
7surviving spouses and minor or dependent children of deceased veterans if the
8unremarried surviving spouses or minor or dependent children are residents of and
9living in this state at the time of making application.
AB706-ASA1,8,14
10(e) Any person whose service on active duty with the U.S. armed forces or in
11forces incorporated as part of the U.S. armed forces makes the person eligible for
12general U.S. department of veterans affairs benefits shall be deemed to have served
13under
honorable conditions
other than dishonorable for the purpose of this
14subsection and s. 45.37 (1a).
AB706-ASA1,8,15
15(f) The following are designated as war periods:
AB706-ASA1, s. 15
16Section
15. 45.35 (5) (a) to (h) of the statutes are renumbered 45.35 (5) (f) 1.
17to 8.
AB706-ASA1, s. 16
18Section
16. 45.35 (5) (a) 1. (intro.) and 2. (intro.) of the statutes are created to
19read:
AB706-ASA1,8,2120
45.35
(5) (a) 1. (intro.) The person is a resident of and living in this state at the
21time of making application, or is deceased, and meets one of the following conditions:
AB706-ASA1,8,2322
2. (intro.) The person is a resident of and living in this state at the time of
23making application or is deceased, and meets one of the following conditions:
AB706-ASA1, s. 17
24Section
17. 45.35 (5m) of the statutes is renumbered 45.35 (5m) (a), and 45.35
25(5m) (a) 2., as renumbered, is amended to read:
AB706-ASA1,9,6
145.35
(5m) (a) 2. Any child of the veteran under 18 years of age, or
under the
2age of 26 if in full attendance at a recognized school of instruction, or of any age if
3incapable of self-support by reason of mental or physical disability. "Child" as used
4in this section means any natural child, any legally adopted child, any stepchild or
5child if a member of the veteran's household or any nonmarital child if the veteran
6acknowledges paternity or the same has been otherwise established.
AB706-ASA1,9,138
45.35
(5m) (b) For purposes of defining "dependent" under this subsection,
9"veteran" includes a person who served on active duty under conditions other than
10dishonorable in the U.S. armed forces or in forces incorporated as part of the U.S.
11armed forces, who was a resident of this state at the time of entry or reentry into
12active duty and who died while on active duty if that death was not the result of the
13veteran's wilful misconduct.
AB706-ASA1,9,1616
45.358
(1) (title)
Definition Definitions. (intro.) In this section
, "veteran":
AB706-ASA1,9,18
17(b) "Veteran" means a person who has served on active duty in the U.S. armed
18forces.
AB706-ASA1,9,2320
45.358
(1) (a) "Dependent child" means any natural or adoptive child under 18
21years of age, or under the age of 26 if in full attendance at a recognized school of
22instruction, or of any age if the child is unmarried and incapable of self-support by
23reason of mental or physical disability.
AB706-ASA1,10,10
145.358
(2) Construction and operation of cemeteries. Subject to
2authorization under ss. 13.48 (10) and 20.924 (1), the department of veterans affairs
3may construct and operate veterans cemeteries in northwestern and southeastern
4Wisconsin and may employ such personnel as are necessary for the proper
5management of the cemeteries. The department may acquire, by gift, purchase or
6condemnation, lands necessary for the purposes of the cemeteries. Title to the
7properties shall be taken in the name of this state. Every deed of conveyance shall
8be immediately recorded in the office of the proper register of deeds and thereafter
9filed with the secretary of state.
All cemeteries operated by the department are
10exempt from the requirements of ss. 157.061 to 157.70 and 440.90 to 440.95.
AB706-ASA1,10,1413
45.358
(3) Eligibility. The following persons are eligible for burial at a
14cemetery constructed and operated under sub. (2)
or s. 45.37 (15):
AB706-ASA1,10,1915
(a) A veteran who died while on active duty
or who was discharged or released
16from active duty in the U.S. armed forces under conditions other than dishonorable 17and who was a resident of this state at the time of his or her entry or reentry into
18active service and his or her
dependent children and unremarried surviving spouse
19who are residents of this state at the time of their deaths.
AB706-ASA1,10,2420
(b) A veteran who was discharged or released from active duty in the U.S.
21armed forces under conditions other than dishonorable and who was a resident of
22this state at the time of his or her death and his or her
dependent children and
23unremarried surviving spouse
who are residents of this state at the time of their
24deaths.